Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-10-02

Friday. Oct. 1.
State VS.. Bernard Rose. alias Ben Ro-
Sheldon for defendant. This is an indict-
ment for the burglary of the house of
Rose Lavine and the larceny therefrom
of watch and three gold chains, all OF
the value of $104. in Wateryille on the
night of July 6, 1897.
The governments case is that Mrs. La
vine. living on Chapel street, Waterville.
last saw her watch on Saturday July g.
when she wore 1t. and at that time placed
it in case and put it in the kitchen pant
~, and that the chains were in a Kitchen
bureau. Early in the morning of Wednes-
day, the 7th, she found kitchen window
had been forced open and the jewelry
gone Her family consisted of herself
ana two children, 10 and years, respect
lively, and husband who was a peddler
and away from home. The respondent
she had known about five years and he
mad occasionally boarded with her and at
the time in question had been boarding
with her about two weeks, leaving, Mon
day morning the 5th, to go to Gardiner.
On the night of the 5th and 9Th, Monday
and Tuesday, Mrs. Lavine had at her
house as lodgers two peddlers. and they
left for Boston, Wednesday forenoon. the
It'll, by train to Gardiner, taking the Bos-
ton boat in the afternoon. A description
OF the defendant was given to these men
by Mrs. Lavine, and when the boat had
left Fort Popham, they saw a man and
from investigation and conversation with
him became satisfied he was the party
wanted, and on their arrival in Boston
had him arrested and the watch and
chains were taken from him and identified
by a daughter of the owner residing in
Boston and who was sent for to come to
the station for that purpose.
The defendant at that time stated that
the property had been given to him by
Mrs. Lavine, and the captain of the po-
lice told the daughter that Rosen had said
he and Mrs. Lavine had been as husband
and wife for five years. and when asked
by the daughter if he had made such a
statement. he nodded assent, and immedi-
ately received a smashing blow in the
face from the girl. The defendant also
said at that time to the officer that he
was to wait in Boston and Mrs. Lavine
was to join HIM the next day. On his re-
turn to Waterville he reiterated his state
ment that the iewelry had been given to
him by Mrs. Lavine.
George Simpson, on the night watch in
Waterville, last July. testified that he
heard of the burglary, the next morning.
Between II and l o'clock of that night
he had seen a man running from the vi
cinity of the house toward the railroad
station and spoke to him. but he did not
stop. A train left the station that night
at LOS. He did not see his face. but gave
to the marshal a description of the dress
of the man and his size
Reuben A. Call, the marshal of Water
vile, testified that he communicated to
had given him of the man seen running.
and she at once recognized him as RoSen.
and search for him was at once instituted.
The respondent was brought back to Wa
terville on Friday. July 8. Cali then asked
the defendant how he came in possession
of the jewelry. and he then claimed 1t had
been given him. He was asked when he
got it and he said in the night. Being
asked what time he thought it was near
midnight, perhaps little after. Upon be-
ing asked if any of the folks knew he was
around, he said no. Then he was asked
where he kept himself and he said he hid
himself in the stable by the door, and
from that door he could see the sitting
room window, Ga distance of about "a
feet. and as soon as he saw that the
light was out and the house in darkness.
he passed out and entered the window.
placed the screen under it and entered
through the window. Defendant did not
say in what manner he opened the win
dow.
VIM. Lavine, a relative of Mrs Lavine.
testified that he visite>. the defendant In
the Jail and he then said he took the
chances and they had caught him. and
she was lucky Rosen said nothing about
her giving him the property.
The government closed it's testimony at
1.30 and the defence was opened.
Bernard Rosen. the defendant. who is
a Russian Jew, took the stand in his own
behalf, and in substance stated that he
had been in this country five years, first
mill, and a little later going upon the road
a peddler and making his home at
Mrs. Lavine's for four or five years, pay
ing SO week for his board. He said that
he loaned her $35 to make a payment that
she owed. and at the time he got ready
to go to Boston, she had paid him all but
$21; that on Saturday, the Sd of July. she
told him that she wanted to go and live
with him in Boston; that she did not like
her man and did not let him stay at
home; that the house was in her name
and she would sell it and come and join
him in Boston; that he agreed to this but
wanted his money that she owed him then
because he hadn't much. She told him
she would help him if he stayed in Bos-
ton; she owned the house and would sell
it. She said she had got some money
that belonged to her man. but she could
not let him have that because it would
make trouble. Sunday night, she gave
him the watch and chains, and said that
when she went from the house she would
not let them have anything She told him
to wait for her in Boston, and if he need
ed money to put the jewelry into a pawn
shop and when she came she would take
it out. He had talked with her many
times about their getting divorce and
marrying. he also being a married man