Daily Kennebec journal., 1895-12-16

State vs.. Chas. II. Hinkley and M. F.
Campbell. This case was concluded at
noon with verdict of guilty against both
defendants
State vs. Atkinson Gregg County at
torney for State, F j. C. Little for de-
fendant This was an Indictment for
malicious mischief, it being charged that
on the night of the 18th of June last, the
respondent threw pail containing black
walnut stain against one Of the windows
of the dwelling house on Center street,
Waterville, occupied by Rev. Wilbur Berry,
| breaking the window and discoloring the
| house.
Mr.. Berry testified that on the night in
question, about 1l.30 he was awakened
from sleep by crash and Immediately
| raised himself on his elbow and looked
out OF the window of the room where he
was sleeping; that he saw under the large
electric Light near the house II man running
away, obtaining quartertng view; that
he observed the back and side Of the face
OF the man, and took note of his rolling
gait, build and clothing: that he did not
at that time recognize the person
On the l7th Of July following, he mel
the respondent Gregg, for whom he had
performed the marriage ceremony in the
preceding January and with whom he had
since had "A speaking acquaintance; that
Gregg al this time turned his head away
and passed without speaking, and witness
thought he saw on his face a look of shame
and guilt; that he passed and looked at
the man as he passed along, and in his
clothing, build and gait recognized him at
once as the man he had seen running away
on the night of June IS; that he saw him
several times subsequently, but Gregg al
ways turned away and avoided speaking
that subsequent to the finding of the in
dictmcnt, Gregg came to witness house
and talked about the charge against him.
and inquired how much he would have to
pay to settle it up: that the window was
broken and the house smeared with stain |
The government also relies upon the fact !
that Gregg fled to Bangor as soon as he |
heard of the Indictment
The defendant who runs q shooting gal |
lery and keeps a boarding house, denies |
the charge against him and says he was at |
home on the night in question He admits |
having avoided Mr. Berry, but says it |
was because he had been drinking. He |
says he was in the rum business at one |
time, and when he heard he had been in
dicted, thought it was in connection with |
that, and not caring TO get into jail on
that score, he left and went to Bangor;
but on learning the real charge, came i'm
mediately back He admits recent in.
terview with Mr.. Berry. but denies that
he asked how the matter could be settled.
The case was concluded with verdict of |
guilty.
County Attorney Heselton moved for
sentence, remarking that Mr.. Berry was
not disposed to press for severe penalty,
believing the defendant had been insti-
gated by others. The county attorney,
however thought there should be adequate
punishment
Mr.. Berry, upon being called upon by
the court, stated that he did not desire to
have inflicted severe punishment although
the results of the offence had been serious
to himself and family. He thought the
man was the instrument rather than the
instigator, and he based this partly upon
the fact that Information had come to him
that, on the evening of June II, in place
frequcnted by the defendant the Law and
Order League had been discussed and a
certain sum was offered if he, Berry could
be injured in some way.
Judge Hall then addressed the respond
ent: 1.-THE jury has found you guilty of
the charge in this Indictment and not
wthstanding the results Of your act were
very serious to Mr.. Berry and his family,
yet Mr. Berry himself is not disposed to
ask IA severe sentence against you believ
ing that you were rather the tool or instru
ment than the instigator. No evidence
you were not the sole party involved and
Mr.. Berry may be will
ing To waive, so far as he is concerned, a
penalty against you, my duty to the public
is to punish an offence which is SO seri
GUS rs this one. If there is anything to
which a citizen is entitled it is the security
of his family in the night time against a
want0n and malicious attack Of this
kind.
A fine of S25 and the costs amounting
in all to about sf5, was then imposed, and
in default of payment, 60 days in jail
William Young of Oakland, retracted
his plea of not guilty TO an indictment for
the larceny of a team and pleaded nolo
contendcre, and his case was continued un
til April for sentence 1t seems that Will
liam hired the team to go to Waterville,
but falling in with a compile of girls, they
persuaded him to drive e. Nassalboro.
Court adjourned until Monday ut 10
o clock.