Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-01-03
sUPERIoR COURT.
Judge w. p. Whitehouse. Presiding.

W. s. CHoArE, Clerk.
G T. STEVENS, Sheriff.
L. A. BURLEIGH, Stenographer.
L. T. CARLETON, County Attorney.
"WEDNESDAY, Jan. 2.
The counsel for the plaintiff in the case of
Spaulding VS., Warren, resumed his plea this
morning at quarter of 10 O'Clock, and fin
ished at twenty minutes of eleven. The
judge delivered his charge and the jury re-
tired.
Fred Billedeaux, convicted of feloniously
breaking and entering, with intent to COM
nit larceny in skating rink in the town of
Oakland, on the first day of September last,
was brought up fer sentence and received
six months in tie county Jail. Adjourned
ill two o'clock.
The jury in the case of Spaulding W.
Warren, returned at a quarter of three
o'clock, and delivered sealed verdict to the
clerk, which was: Defendant guilty on first
count named in the Indictment (simple as
saulD in manner and form As the plaintiff
has charged against him, and is assessed
damages in the sum of one hundred dollars.
State vs.. Charles Sawyer, ct al. This is
an Indictment for feloniously assaulting and
robbing one Moses c. Frost, of Winthrop.
The prosecution, in opening, gave the
story of the occurrence substantially as fol-
lows:
Moses C. Frost, son of the late Moses
Frsst and the brother of Albert C. Frost, is
a resident of Winthrop. living upon the old
homestead with his widowed mother. On
Thursday last, Dec. 27, he ate his supper
about dark and went after supper to his
barn, taking his lantern with him, to water
his horse. He set his lantern outside the
barn to avoid danger from fire. and led his
horse to water, some 10 or 20 rods away.
Whea he came back he noticed that the Ian
tern had gone out. which he thought rather
queer, there being no wind. He led his
horse into the barn, and had taken perhaps
two steps inside the barn, when he was
knocked senseless by terrible blow on the
side of the neck: His hands and legs we're
tied together, a gag was put into his mouth
and he was horribly beaten over the head
The instrument with which he was struck
was undoubtedly an old fashioned hay knife
which had been lying in the hay over the
scaffold, and which had not been used for
some thirty years. 1t was found that night
down where he received the first blow
These men had lain on the straw up on the
scaffold that day, as is shown by the impress
sion of their bodies. When Frost recov-
cred consciousness he heard one of the des-
peradoes say to the other, "Are you going
through him?" and his partner said yes"
they felt in all of his pockets,
took what money he had. took a gold ring
off his finger, lit match and put q white
glass bottle to his nose, and then made d.
vers preparations to steal his team. They
were int rrupted in this by the arrival of two
gentlemen who had bt en- there during the
lay to render some assistance to q sick horse
and had promised to return. The despera-
loes thus surprised, left the yet embarrassed
horse and struck across lots. The two gen.
lemen who had appeared on the scene at
hi, opportune time, found Mr.. Frost
wing partially under a wagon, where
'fter binding and gagging him, these
wo men had left him.
This in brief is the story of the assault.
Following is an abstract of some of the ma
erial porto ms of the testimony.
Moses c. Frost, upon whom this assault
vas made, was the first witness called by the
prosecution and testified substantially as fol-
ows:
My name is Moses C. Frost. l live in
Winthrop and am about forty years of age
Live about three quarters of mile from the
7illage on the road to Monmouth. 1 am a
farmer. Was At home, Thursday last, Dec
"a. ate my supper and taking a lantern
vent to the barn to water and feed q horse.
L was very dark. Went to the barn took
he horse out and set the lantern outside,
linking it would be safer and set off to the
DOT of the hill to water the horse. Should
ay it might be 20 or rs rods from the stable to
he watering trough. Watered my horse
.ame right back to The top of the rise of the
lill, and saw there was no light. Thought
t rather singular as there was no wind NOV
ng. Thought 1 would lead the horse into
he barn and go into the house and light my
LAT taE har
'arn when l felt terrific crack across the |
Jack of my neck, When l sensed that |
'eard q very p seular sound, kind of vibra |
ion and ring to it. The fret thing r, al |
zed after that 1 felt someone on me yanking |
IN my hands and winding them, and some |
me at my knees tying them. could not |
imagine what had happened to me. Made
ONE movement or spoke. don't recoliect
Thich. One Of the fellows cooked a large
evolver, l should judge by the sound of the
ock, and says, keep still, or shut up, or
will shoot. and put this pistol right
ide of my head. As soon as spoke there
Ias some movement and there was
towel, as afterwards found twisted, put
ito my mouth AID drawn very tight and
noted back of my head. Someone At my
ght struck a match and bottle was put to
~ nose. When the match was struck /
aw . white glass bottle. something of the
lshion of . whiskey fAsk.
Ones. Did it look like that bottle? (Show-
q bottle tn witnossN
Ans. Yes, sir, that 10 . good description
the bottle.
Heard one of the fellows say. Where are
ou going to put him, round in the corner
ere!" The other fellow said he I q, and
1t myself taken up and placed under a
agon which had been stored in the back
lrt of the narn floor. behind some beans.
bis entirely secreted me from sight from
e front entrance of the barn.
l was left there. A short time afterward
" little light and felt another crack and
It several more. I wore . Scotch cap
ound the visor and lining Of which consid-
able blood was Afterwards found. For .