Daily Kennebec journal., 1897-03-13
Daily gsausbst gparual.
SUPREME JUDICIAL COURT.
Continued from page ~

diary TO any reporter before the grand
jury or at the trial and conviction OF
Nelson. Thought he gave the dates tc
the Lewiston Journal reporter. The
search warrant he had, On October 16
was sworn out, August Is. Was salts.
hed Nelson and Kelly were the guilty
parties, but delayed using the search
warrant In hopes to find some positive
evidence against them, not being sure
ne should find any stolen goods on the
premises.
witness did not state at the trial O:
Nelson in December what conversation
ne had with Nelson behind the barn. or
that he had had any. The questions
Nelson then asked were strong evil
dence to his mind that Nelson was
guilty. Did not recollect of telling that
conversation to the county attorney.
Had handouts, but did not put them
on to Nelson because he was saving
them for Kelley. Nelson was large and
|strong and would be the more danger
Gus man in rough and tumble fight.
DID net consider that Nelson was un-
der his care, nor know that he had
actually been arrested. at the house
before his escape, but supposed the in
tention was to keep him and not allow
him to go.
1t was in the house that Nelson
asked to go out and said he had got tc
go. He had asked more than once to
go out. He told what he wanted to &C
for, but did not say where. He wanted
to so into the barn, but witness would
not permit that, because he preferred
to be out doors with him, because a
little safer. Did not take him into the
hen house which they passed. Walked
the Whole distance with him down
round the corner of the shed and up
behind the barn. Asked nobody to 60
with them. He could have gone irtc
the barnyard, or behind the hen house.
which would have been secluded, ex-
cept for neighbors above. Don't think
re could have been seen from the barn
yard. Told the way Nelson escaped
when he returned to the yard
AT this point, the plaintiffs rested
their case and the defendants resumed.
John II. McCone was recalled and
denied the conversation as testified to
by McNally at the railroad station in
Clinton, and at Clinton village He
testified that there was no unpleasant
ness between them. Witness had
pleaded rOlo contendere to the charge
against him.
Question. And did you at the time
and have you since. protested your in
nocence Of that charge? (Objected to
and excluded. on the ground that the
record could not be impeached)
Warren c. Philbrook, formerly judge
of the municipal court of Waterville,
and now a member of the House of
Representatives testified he had lived
in Waterville for the past seven or
eight years and knew ]. II. McCone.
and that his present reputation in that
community for honesty and truth was
good.
Perham S. Head, a merchant of
Waterville and a member of the State
Senate, testified that he knew j. II
McCone and that his reputation for
honesty ard truth in that community
was good.
a. L. McFadden, sheriff, and former
ly deputy sheriff and city marshal Of
Wateryille, knew McCone and had for
10 or Is years. His present general
reputation in that community for
honesty and truth was good. Had
known OF the old criminal recoI d
against him since he had been in
WateTville
Samuel Burleigh, publisher of the
Waterville Sentinel, lived in Water
vile and knew McCone's general rep
utation for honesty and truth, and it
was good.
Henry A. Wing of Lewiston, a news
papar CORRESPONDENT and a member cf
Governor Powers staff, knew McCone
in Auburn in 1892 ard since. His repu-
tation for truth and honesty in Lewis
ton and Auburn since that time had
been good.
Charles NJ. Penney of Auburn, and a
newspaper man, knew McCone and
had known him four years. Knew him
when he lived in Auburn and Lewiston.
His general reputation for truth and
honesty there was coed.
Hillman Smith, warden Of the State
prison and formerly sheriff of An
droscoggin county, knew McCone and
had since 1891. His reputation for
honesty and truth in Auburn and Lew
iston was good.
Seth Chandler. formerly mayor Of
Lewiston, and at present a member Of
the board of county commissioners of
AndrCscoggin. had known McCore
since 1890. and since until he Went
away His reputation for truth and
honesty during the years he lived there
was good.
County Attorney Heselton testified
that McNalIy had never mentioned his
diary to him, and had not used it
either before the grand jury or at the
trial of Nelson. This was the first the
witness had ever heard of it. McNally
had never told him of his talk with
Nelson behind the barn, neither had he
testified to anything of the kind before
the grand jury or the traverse jury.
Ex-Governor Burleigh. testified that
he had known of McCone's conviction
before he employed him.
lowing to the crowded condition of
our columns. this morning. we are un-
able to give Mr.. Heath's argument.
1t will appear in full, with the report
of the closing day, in our issue of Mon
| day morning.-Ed.]
This concluded the testimony and
Mr. Heath began the closing argument
for the defence at 2.30. He spoke until
$50 O'Clock. Is minutes being taken cut
| of the time for a recess. Court then
adjourned until morning at $50.