The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-05-23
SYLVESTER CUMMINGS SET The FIRE.
That Is the Opinion of the Jury who
Heard the Evidence.
The Administrator called Upon to
Pay 81 ,464.7i In Damages.
Closing Scenes In the Four Days
Trial at Alfred.
Especial to the Press.I


ued the introduction of evidence this morn
ing, putting Asa Low on the stand for The
purpose of identifying the pair of cutoff
boots and the other long pair that were
shown Mrs. Pray yesterday, which she iden.
titled as having been in Cummings posses.
sion, but not those that he wore on Septem.
Der 9th. he found the boots in November
when he took possession of Mr.. Cummings
property. On cross-examination Mr.. Low
pointed out one figure 9 on the shank of the
boot. The defense then rested.
Mrs. WIN. johnson of Springvale was pui
on the stand by the plaintiff in rebuttal. She
testified in regard to conversations with Miss
Nickerson soon after the fire regarding the
closing of the window ON the nj ght of the
fire. She denied that Miss N ic ckerson said
1t was near o'clock. saying she asked her
when it was. and that Miss Nickerson re-
piled that she could not tell what time it was
as they had been asleep. Witness never
heard her say anything about the factory bell
striking two. She had heard her tell the
story good many times. She changed it af-
ter while saying it was o'clock. because
they heard the bell strike. The o'clock
story was first told about two months ago
On cross examination the witness decided
that 1t was after the arrest of Cummings that
Miss Nickerson first spoke. about hearing
Cummings shutting the window
Mrs. Parmelia A. Kicker of Springvale,
heard Miss Nickerson tell the story about
shutting the window on the 18th day of Feb
ruary. Miss Nickerson mentioned o'clock
and spoke of hearing the clock strike.
Mrs. Winnie. Stokes Of Springvale, con-
firmed the testimony of Mrs. Kicker in re-
gard to Miss Nckerson's saying / O'Clock
rather than two. Mrs. Stokes is slightly
deaf, but thought there was no doubt about
her hearing Miss Nickerson correctly.
Mrs. Nettie Berry of Springvale also con-
firmed the O'Clock verson Of the story. On
cross examination the witness undertook to
repeat Miss NickersOn's conversation and
showed herself to be very intelligent wit
ness.
George G. Bryant, the watchman. was
called. He remembered shower and a
blow at about half past eleven on the night
September 6. He fixed the time by his
lunch time which was shortly before mid
night.
Mr.. Davis was recalled, testifying that on
the day when he arrested Cummings. Miss
Nickers0n sent for him TO come mp to her
room. He went up but she did not tell him
anything about the case.
Asa Low recalled. described Mr.. Cum
mings as nearly six feet tall, straight and
erect and quite stout, weighing perhaps 1S5
or 100 pounds. Mr.: Edgerly then asked Mr..
Low whether Miss Nickerson told him be-
fore she went to Boston that Cummings shut
his window at 2 o'clock: Mr.. Low said that
yesterday. Mr.. Burbank then took Mr.. Low
In hand and tried to make him admit that
he iwent to Boston before Miss Nickerson
did and saw David Cummings.
Mr.: Low proved very unwilling witness
and could not remember any such visit. He
admitted cautioning Miss Nickerson against
talking so much about the case before she
came into court. Testimony was then closed
ana Mr.. Edgerly commenced his address to
the jury for the defence after short recess.
MIR. Edgerly said in substance that the
claim for damages must rest on the crime
Of Cummings and that first they must con-
slider the crime. To do this they must con-
slider the character OF Cummings and the
record Of his doings as shown by the wit
ness. Mr. Edgerly then discussed the testi-
mony from beginning to end, claiming that
sation peaceable, upright man and that
George Pray and Della Gerry plotted
against him. In regard to the closing of the
window by Cummings by which the defence
endeavors to prove his innocence. Mr.. Ed
largely preponderated that on the other side.
He said that he thought the witnesses for
the plaintiff had heard so much concerning
the matter that they were confused and
erred unintentionally. He then passed to
the motives that might have actuated Cum
mings in his alleged crime, discussing Della
Gerry and her testimony and her relation to
George Pray. He claimed that in the mat
ter of revenge. George had as much as Cum
mings had owing to Cummings ordering him
off the premises He then built up case of
hypothesis showing. that Pray went
over the road in which the tracks were
found, and that he had induced Della to
take the pair of boots away from Cummings
and give them to him. probably on the Sat-
urday night. and after making the tracks set
the fire as he would have had as m uch rea-
son for burning the barn as Sylvester Cum
mings had. He continued discussing the
testimony Of the plaintiff at length, showing
what he called its weak points and inconsis-
ter Of suicide. claiming that it was in itself
no evidence OF crime. Then on the question
of ownership of property he showed that tho
assessors of Shapleigh taxed everything as
belonging to Charles Pray. He next severe
ly arratgned the testimony of Soretta, the
Frenchman, who saw man walking along
the road toward Sprlngvale, while Pray's
barn was burning. Mr.. Edgerly spoke for
nearly two hours and was followed by Colo
mel Burbank for the plaintiffs. Col Burbank
first discussed the question of excessive
claims for damages and then went on to dis
cuss the theories of the defence and the evil
dence as introduced. He showed how the
theories of fires set by pipes and cigars were
exploded, and then developed the theory of
the plaintiff that the fire was of incendiary
faction he passed to the question of the per-
son who set the fire, discussed at length the
relations of Cummings, the Prays and Della
Gerry and sketched the chain of evidence
with telling effect, claiming that it was
strong and conclusive.
At 2.45 p. M, Judge Virgin commenced his
address to the jury. After defining the re-
spective duties of the court and the jury he
proceeded to instruct them In the law.
He informed the jury that they should, If
they. found that Pray suffered injury at the
hands OF Cummings, indemnify him for his
loss with interest from the date of the fire.
He emphasized the fact that the criminal in
dictment against Cummings had no weight
as evidence of guilt. He said that In this
case the preponderance of evidence only was
sufficient to justify verdict on either side
He defined the crime of breaking and enter
ing and of arson, and explained the differ
ence between wilful burning, accidental and
other incendlarism. He then stated the
questions which the jury must answer. They
were: Was the fire accidental or incendiary?
Ii the fire was incendiary did Sylvester Cum
mlngs set It.. either purposely or accidental
ly? The line along which they were to in
vestigate was that indicated by Colonel Bur
bank. Judge Virgin then at length went
over the testimony showing the strong and
weak points and noting the questions that
the jury should ask and answer in arriving
at their verdict.
Regarding the different versions of The
window story, by which the defense souoht
to prove an alibi for Cummings, Judge Vir-
gin said that the impeaching testimony was
not evidence as to the time of day, hut that
1t was to be taken as evidence that the other
witness. did not tell the truth. AT 800 the
jury retired.
The jury returned a verdict for the plain.
tiff for $1464.71.