Daily Kennebec journal., 1896-05-20

D.. tween the respondent NoTtnlNR ana the
Ipr,soner Craig substantially as the last
witness Worthing was constantly
telling the prisoner that he had no
right to go to Jail with Davis. Saw
lWorthng follow the officer and his man
Tout Of the waiting room and afterward
saw the man run. Witness saw some
one passing around the crowd, taking
lup a collection for the prisoner. which,
as he remembers it, amounted to %
cents.
! On cross-examination: Witness saw
iWortlIing follow close beside the officer
and his man. Did not know that any
one else advised the prisoner not to go.
Witness did not know whether Worth
ing. when he said You are a strong,
healthy man. and have no right to go
to JAIL meant it for advice not to go
with the officer or that it was not right
that the State should support such
! men.
l.. T. Patterson. Colby '9s, had gone
from the reading room of the college to
the station to congratulate a college
ball team that was expected on the
! Pullman. on the teams victory. Wit
ness saw the man fly up the platform.
| He looked to the witness to be about
six feet and half tall, but the Kenne-
lbec Journal had stated his height to be
Is feet. 4 inches.
! Henry Bosnian was the next witness.
Sa" crowd jamming around the Off
Ger and his prisoner on the platform.
Did not notice him in the crowd but did
see him in the waiting room.
| The State rested its case here.
| Henry Worthing. the respondent. was
sworn and testified that he went to the
railroad station on the evening in ques-
| ton. He saw the tramp there. Did
not know anything about the tramp
having been tried and sentenced to Jail.
He approached the man and offered
| him work if he would go around to wit
mess office, Monday morning. Witness
did say to the man that he thought 1t
u very funny thing that a great, strong.
able bodied man should go to Jail for
| 50 slight a cause. Mr.. Davis told the
WITNESS that the man should go. Wit
ness did not intend nor did he consider
that he was saying anything to the
man that was IN opposition to Mr..
Davis duty. Witness stood in the door
when the. officer Went to the platform.
and when the prisoner escaped he still
stood there. After the man had got
| away, Davis. went up to witness and
told him he wqnid make it hot for him.
and witness told Davis to go ahead.
Witness had nothing whatever to do
with the prisoners escape.
on cross-eXamination: The prisoner
told witness that he, the tramp. had got
to so to jail. The general sentiment OF
the crowd was that the prisoner ought
not to go To Jail. and the crowd
seemed pleased that the prisoner got
away. When Mr. Davis testified that
witness took hold of prisoners coat.
Davis lied squarely.
l.. T. Patterson. recalled, said that he
did not know Mr., Worthing: did not
notice him sitting with the tramp Wit
ness could not recoilect who stood
Iaround Davis and his man at the sta
ticn door. There was more or less of
an outcry and he heard shouts of
/ Break away" Co" Did not see any
one help prisoner get away. Did not
hear Worthins speak to the tramp
In arguing the case. Mr. Haines
'claimed that all that was done as far
as the respondent is concerned was in
general conversation with the tramp.
Witnesses who testified to having seen
Worthirg in conversation with the
tramp had failed to see him do any
fore. as long as Davis had got his man
out on the platform. if nothing further
had occurred he could have taken the
prisoner to Augusta. The counsel
claimed that the man had escaped him
self The respondent Worthili&i Is re-
spectacle, law-abiding citizen. who had
never been arrested before. and he was
doing nothing more than he had right
to do.
Mr.. Brown for the State. held that
the respondent wilfully interfered with
the due execution of the law. Mr.. Davis
is an active constable of the city of
Waterville: he arrested a tramp.
brought him before the court he was
sentenced to jail and Mr.. Davis should
have had a clear road. 1t was not the
act of any man, it was the execution of
the law that was in progress Mr.
Brown did not consider that the re-
spondent WorthinG had committed
anything wrong in talking with the
prisoner in the waiting room, but Mr..
Davis testified that Worthing followed
him and his prisoner out doors. took
hold of the prisoners coat and heard
him say Don't go" If such was the
case. in Mr.. Browns opinion Mr..
Worthing was guilty of an overt act
against the law
The court in summing up the case.
said he realized that there was large
amount of sentiment on both sides of
the case. The evidence on the vital
point contiicted. as is usually the case
in criminal actions. The respondents
testimony was weakened by the man.
ner in which he himself had testified.
which was indicative of animus. and
the respondent was found guilty and
fined So and costs, from which an ap-
peal was taken. the respondent being
held in $50 bonds.
Rich and poor alike suffer the tor
lures that come with the terrible plague,