Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-03-12
SUPREME JUDICIAL COURT.
The March Term, tss7-Hon. 8. c. streui
PresldIna.
w. s. Choate. clerk.
A. L. McFadden, sheriff.
A. H. Small, stenographer.

w. 3. CnOate. clerk.
A. L. McFadden, sheriff.
A. H. Small, stenographer.
Augusta, March II.
Counsel are requested TO be in court,
trial.
The case of McNally vs.. Burleigh &
Flynt was resumed at 9.30
Jennie Nelson was called by the de-
PENDANTS and testified that she was the
wife of Foster Nelson and had been
married eight years: had known
George McNally during that time. He
had been at her house frequently. He
had arrested her husband about three
times: had been at her house when he
did not come in an official capacity
probably averaging once a week and
sometimes twice.. but that had not
been the case all the time she had
known him. He had been there last
summer. making friendly calls. He
had been there intoxicated within the
last three or four years, and that
might have been several times or more
Had stayed all night on one occasion.
On the day Of the arrest after the
escape of her husband she heard peO-
pie in the yard say his escape was a
put up job. Isaac Bean said it in the
presence of McCone.
On cross-examination, she said that
Bean made the statement on the way
to Skowhegan, where she was carried
by the officers. She could not reme.n-
Der where her husband was the day
before his arrest, and she had not seen
his wallet on that day and told no one
she had. Didn't remember that she
had been asked whether her husband
had s. to pay for being released from
arrest. Didn't think she ever told any,
body about his having two cents and
postage stamp in his pOcketbook. She
had been arrested about four years
ago. Was also arrested on this Occa-
sion and taken to Jail. On the occa-
sion that McNally stayed at her house
all night he was in search of Wallace
Nelson. her husbands brother. who
had escaped from the officers. Wallace
came TO the house at night and was
arrested. Mentally had been there be-
fore for the same purpose, to catch
Wallace. 1t was in July or August
last summer. that McNally was there
intoxicated. He was on clutches at
that time and John Davis was with
him. Davis keeps a jewelry store in
Clinton. Never kept account Of the
times plaintiff had been there drunk.
He might have been there once
month. last summer. or oftener. Kel-
ley, who lived there. and worked on
the farm, was at the place and could
not help seeing the plaintiff. She did
not ask McNally and Davis what they
were there for. Davis had been drink
ing.
On redirect. witness testified that one
time. last spring, plaintiff was at her
house so drunk that he was lying on
the floor. He stayed there all night
before the time when he was after
Wallace. and had been there part of
the night. and. she had been out and
got woman to come there and see
him when he came there. Plaintiff had
woman that he visited in that neigh
borhood.
On re-cross examination. witness
testified that she went out and got the
Widow Gowen for him. Went out and
got her because he said he wanted to
see her. The woman lived half a mile
away and this was one. two or three
years ago. McNally was not at the
house at the time she went for the
woman but came in about an hour.
He and the woman We're in room
alone together until late. No arrange
ment had been made for his meeting
this woman, but he was likely to come
there any night. The widow went
home at O'clock in the morning and
it might have been half past or 8
when he went away. This might have
been three or four years ago or longer.
Cecil Hooke of Foxcroft, the Associated
Press agent for Piscataquis county and
correspondent for various papers, testi-
fed that after Nelson's recapture at San
up and procured the statement in regard
to his giving plaintiff S. to be allowed to
escape. and that this statement was sent
to Headquarters In Boston and was taken
the State belonging to the Press ASsOci-
alton. among them the kennebec Jour-
nal: that he did not know any of the
parties to the suit at that time, was an
entire stranger to all of them and was
actuated bynO malice.
On cross examination he stated that
Nelson he saw McNally and said to him
that Nelson had been making some dam
aging statements about him and told him
their nature. and he scoffed at the idea
I
suppose any newspaper would publish
such id stun. This interview he had
sent to the Bangor Commercial, but not
to the association of papers. Mentally
then stated that the unexpectedness OF
the attack was the reason that Nelson
got away. and that so many were around
that it did not enter his mind mat there
would be such an attempt; that the rea-
son he couldn't run after him was be-
cause he was just recovering from rheu-
matism. Could not say Mentally was in |
tOxicatcd. He had been drinking.
Henry Il. Flynt. clerk Of the supreme |
judicial court in Piscataquis. testified |
that he was present at the interview be- |
tween Hookc and Nelson. ana he SUBJ
the last witness.
Charles G.. Nichols. a deputy sheriff of |
Piscntaquis county. testified that on Nov |
2 last he arrested Nelson and brought |
him TO Dover and was present ut the in |
tervicw Of HOOxe with him. Mentally ar
rived there that day and went with him
to the lookup. Mentally said: How are J
you. NclsOn?" And Nelson says: II ,
don't want anything to do with you: !!
don't want to talk with you" Foster !,
Nelson says: You want another s.. uOn't |
you. CD d-n you? You would send a
man down East for E.'' Mentally made ;
no particular observation to that. don't |
remember Just the words. hut witness |
thought he said: II wouldn't talk SO, Fns- .
ter, or something of that kind. Wit !,
ness did not pay particular attention to !
his reply. There was more talk made In
the same line. From his breath, Mentally /
had been drinking. but not Intoxicated. i
John II. McCOne representative OF tho |
kennebec Journal with headquarters at
Watervifle. testified that he had been in :,