The Portland daily press., 1891-12-01
GALLOWS OR CELL.
Isaac Sawtelle Prefers
ThOmastOn to Death.
1t Is His Only Chance to
Cheat the Hangman.
Says He Saw His Brother
Murdered I'm Maine.

CONCORD. N. e.. November 30.-The
hearing on the application for a new trial
in the case OF Isaac b. Sawtelle, occurred
before Associate Justice Chase OF the
Supreme Court this afternoon. This morn
Ing his counsel. j. A. Edgerly Of Great
Falls, j. K. Worcester OF Rochester and q.
F. Haley Of Biddeford, visited Sawtelle In
prison, when he signed and swore TO the
application for new trial. This, In brief.
alleges that the verdict was wrong and
against the weight OF evidence that the
murder was not committed In New Hamp-
shire but was done in Maine. and that his
counsel, since his confinement, have dis
covered new material evidence for his
defence. Sawtele also wrote, at their
suggestion, the following. which was
sworn to before Mr.. Edgeriy:
81, Isaac b. Sawtelle, now confined In the
state prison at Concord. under sentence Of
death, depOse and say that on the hfth
day of February, 1890, / met my brother,
Hiram +. Sawtelle at the depot at Roches-
ter about 30. as near as can rec0llect.
10 the afternoon on the arrival OF the train
from Boston. | shook hands with him and
he, at my request, went into the ladies'
room at the depot and waited while got
team. | was at the depot with him some
three to five minutes before / started for the
team. went direct to Smargs stable and
ordered team. After ordering the team,
went direct to Wallace's store and bought
the tools. took the tools and went direct
to the stable again, put the tools In the
back part OF the top buggy, and then asked
the stable keeper for a blanket. which was
given me. put II over the tools and drove
direct to the depot for. Hiram. 1 don't
think u took me more than from twenty
to twenty-five minutes from the time hrst
left Hiram until returned with the buggy
to the depot, and Hiram got into the bug
gy Immediately. without my getting out OF
the buggy.
Il sat on the right side aud Hiram got In
on the left. Then l drove directly TO SIN
clair's store lu East Rochester, stopping
no where on the road. l saw no person l
knew and spoke TO no one between the
depot and SinclaiT's store, except my
brother hiram. had no pistol or other
firearms with me, and heard none dis
charged. l drove at a moderate. gait 20
East Rochester. How long IL took don't
know. Several teams passed me and
passed someone on the way to East
Rochester am certain l did not pass or
meet any teams loaded with boards or lum-
Der OF any kind. l arrived at Slnclairs
store before o'clock, how much before
am unable TO tell, but am sure II was not
sunset, for am sure / saw the sun shin
Ing. gave Hiram the reIns aud told him
/ should not be long, as l wished to buy
something to carry up 70 the house. he
asked me to hurry ups but | remained In
the store some 10 or 10 minutes ON
account OF Mr.. Slnclair's inability to fit a
wick into the lamp or find candle for me.
bought a lamp aud had the wick put In
and the lamp filed. / also bought some
pens, ink, a penhOlder and some matches.
when | returned to the buggy, Hiram
wanted to know why had been gone 80
long. l told him because the storekeeper
| could not get the things sooner. l got into
the carriage on the right, took the reins
/ from Hiram aud drove directly across the
bridge Into Maine. / passed the house OF
Mr.Rankin about 10 minutes past 8. near as
| / can state. / went directly from there 90
the vacant house. On my way from SIN
| clair's met some teams. Hiram and my
self were talking in a general way, and so
eially, FROM Sinclair's to the vacant house.
It was cold riding. Hiram had his gloves
0D, his coat collar turned up. aud the buf-
falo robe was turned up over our faces.
Nothing was In the buggy from the time /
left the depot till | arrived az the vacant
house, except the tools that / put ln at
Smarts stable. the buffalo and blanket.
No other persons were In the buggy but
myself and Hiram. was present when
the murder was committed In the State OF
Maine, and am willing to testify fully In
relation TO IL II | am permitted so TO do.
lSignedl. ISAAC b. SAwTELLE."
The affidavit OF Sswtelle will be taken
covering the circumstances Of the murder
more fully with the names CT those pres
ent and by whom 1t was done. An ad-
jOurnmenI was taken TO enable his counsel
20 obtain this. Tney will 20 to the prison
early In the morning and take Sawtelle's
statement at length, although the names
he may give will be withheld from the
public for prudential reasons. Judge
Chase will transfer the petition and papers
TO the full bench, and it Is possible that
these and the affidavlts OF three other per-
sons will be read. the testimony OF the lat
ter tending to show thst the evidence CIV
EN- by some Of the state 5 witnesses at the
trial was erroneous. Attorney General
Barnard and Solicitor Kivel Of STAFFORD
county, represented tue state. After a
brief hearing before Judge Chase, Gen.
Barnard suggested that he would like to
have further time. aud that the hearing be
had the latter part Of the week. Sawtelle
will then appear In court and testify.