The Portland daily press., 1896-09-22

Mr. Llewellyn Withee, clerk for Cum
m1ngs Brothers also identified Murray as
having been in Cummings Brothers on
Friday forenoon.
Paul Barrie, conductor on the Cape
road said he had seen Murray on his car
on Thursday night coming from Willard.
Ho saw him at 9. 80 Friday night on the
Fort road under some willow treen.
Murray was with another man and both
wore masks. About 10. so the same night
he saw Murray in a buggy on Willard
street and later he saw him again in q
buggy on tho Portland bridge. Murray
was with another man. Barrie and
three men were crossing the bridge and
when they got nearly up to the carriage
Murray whipped up the horse and drove
up over the Clark street bridge. When
Barrie saw Murray and another man
wearing masks on the Fort road he
thought they intended to hold up a car
and so he took particular notice of them.
On cross examination Barrie said that
he could zee the lower part of Murray's
face although he wore mask and he
was positive that he could identify Muir.
ray as one of these masked men.
Gilbert L. Bracket, yard master of
the Boston & Maine, testified that
freight trains arrived on the Eastern
division at g. IS and 10. 10 p. M, 4. 10,
s. 30 and 8. 55 a. M, and on the Western
at 5.35 2. M, $50 and $40 a. m. On
cross examination, Mr.. Brackets testi-
fed that on last Friday night the 1910
train was late. reaching Portland at
about 1880.
Officer Thompson testified that he tried
the doors of the premises of the cold
storage company at little after Friday
evening and found them locked. Officer
White testified that he was the first
officer to reach the building after the ex-
plosion. He found the double doors on
Commercial street ajar. The bolt of the
lock had not been TUNED back but the
inside bolts at the top and bottom Of
the doors had been unlocked permitting
the doors to be pushe d open.
Manager Hatch was recalled and testi-
fed to finding SKID used for loading
jiggers and ordinarily kept at the side
door near the front double doors satur-
day morning. 1t was the custom to
leave the ira nsom over these doors open.
In his opinion it would be possible for
man leaning into the office through
this transom to draw the bolts by the use
of some instrument. It would also be
possible for a man to enter the premises
before the hour of closing and seorete
himself there.
Mr.. Morrill,, In opening the case for
| the respondent, said that he should con-
fine himself to making some remarks on
the evidence already presented. Mr..
Morrill, said it seemed to him that this
evidence was Of fimsy character. 1t
solely consisted of testimony identifying
this man in order to contradict state
ments which he made to the officers when
arrested. On the Other. hand, Mr.. Braok-
EFT, the var master of the Boston and
Main, testified that freight train did
reach here at about the time Murray said
such as might be expected of q man seek
ing train to take him to Montreal. He
was stranger and not knowing one
| street from another WAS following the
water front, as he had been directed to
do, in order to reach the Grand Trunk.
Mr.. Morrill, then took up the question
of identity and argued that the evidence
introduced, admitting the honesty and
cnndor of the witnesses, was of kind
into which error was likely to creep.
On the other hand, the testimony cor
| roborates the story of the prisoner. The
delay Of the train that night SO that It's
arrival was at the hour stated by the re-
spondent is q strong corroboratiye fact
The testimony of the Conductor Barrie
| is too strong. He saw this man once,
casually collected fare from him and
then recognized him when he was wear
| ing a mask. If Mr.. Barrie Is mistaken,
SO may other men be. The only thing
| identifying this man be true, he was
here at time prior to that on which
he said he arrived. All the rest is a
mere bagatslIe. 1t did not seem to Mr.
Morrill, that there was evidences to show
| probable causes
Mr.. Wobb in summing up for the state
emphasized the. fact TINT the Identification
of Murray was made not by one man but
by several, one of whom picked him out
from among a number Of prisoners.
Great stress has been laid upon !. the fact
that freight train reached here at the
tins the respondent said he arrived.
| The State has shown that shortly after
the arrival of this train this man was
driving up over Clark street bridge
What could be more natural than that
when arrested he should say that he had
arrived Oh the train which he had just
cen at the bridge. Beside that there
was no evidence that he bad ridden on a
freight train given by his condition. In
stead the testimony all was that his
clothing was perfectly clean, bearing o
traces of dust or dirt, as it must have
done were his story true.
Judge Robinson found probable cause
L.. II L