Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-03-11
Daily Xsauebef adatasl,
SUPREME JUDICIAL COURT.
Continued from page ~

har,, ,.1ih ot,ns toWhru the back OF the
ana saw smoke. AT the time he heard
the shot he was on his way 10 see if Nell
son ntd escaped; that Nelson was II bad
might run and they were going to see,
M. CAL was with him at the time: that
i i"star went e,,an;n along until they could see
when Mentally was first seen by wit
ness ne was 1--WE or six rods from the
barn. standing in position and firing his
reVoiver ana Foster was going; could not
say %nether McNally was going to-
ward Nelson. but he was Just firing or
mad Just fired. Nelson was eight or ten
rods from Mentally when witness first
came IN sight Of him running toward the
woods. \ number of men followed after
Nelson. Mr.. Bean getting the nearest to
nm .lne pursuers came back one by one
and Viies and McCone We're in the house.
ana uiu not know of the escape until
then. The people appeared to be excited
| and quite angry and loud talk was made.
Did not say there that it was Il put IN,
JOB. but heard somebody say SO in Nc
| McNally came back and appeared to
feel bad. He said Nelson had slipped
him He said he raised up and was but
toning up his overalls and stepped and
put his arm on him and hit him a trip:
he said 1t did not throw him down. but
| Wniried him round, he didn't come clean
| and he ran. Didn't know that he could
name one person that said it was a put
up job.
Isaac G. Bean of Canaan. testified that
| lion and saw Nelson and Mentally when
they came out of the house and saw them
star, on out back of the barn. They
yard when he heard the first shot and
| II was not over three minutes from the
| time they disappeared behind the barn.
| witness ran out round the end of the
barn and thought two shots were fired
after he came In sight of McNally who
was then seven to eight rods from the
barn. standing. and Nelson was perhaps
| Mentally, running. McNally started back
| towards the barn and witness passed him
| and followed Nelson to the woods and
eight or ten rods behind him at the
woods. Was in the woods Is or ~ minutes
hunting for him. Then went back to
the house. The people were excited and
some of them swearing. Heard il said
in the presence of McCone that il was a
put up Job. and witness might have said
1t. Thought Nat Hall said 1t for one.
Did not hear Mentally say anything
| about 1t.
On cross examination witness said that
he had written to plaintiff about the mat
ter after the publication of the account
| In the Journal, and that it was in answer
to one that Mentally had written him
What he wrote in the letter was true.
| Ques-ls it true that it was gross
mistake-that you never made such
statement. as that it was put up job?
1
should say it was true in the letter.
cannot name any person who said 1t
| there.
Joseph A. Cab testified that he was at
The Nelson house on the day in question
and saw Nelson and Mentally come out
of The house and go towards the barn. In
about five minutes he heard pistol shot
and Immediately started from in front
Of the house to the barn; heard several
shots. When he got in sight of the
parties McNally was within eight or ten
| fire four times. Did not follow Nelson.
Went back to the house and saw McCone
there: Heard it stated in his presence
that it was II put up job. Could not say
thought that was the general opinion.
Heard several people say so. Previous
10 this witness had talked about paying
Il reward for the arrest of Nelson.
On cross examination witness testified
that he had lost several pieces of prop
erty, and he told McNaliy if he would
follow Nelson up and arrest him and give
him suitable punishment he should have
| s25.
Counsel for the defendants introduced
the deposition of Foster Nelson in which
Nelson testities that he is now in the
State prison for six years; that at the
time of the search of his premises, and
after his arrest by Sheriff viles. he was
put into the hands of Mr.. Hail. an officer.
and while in his charge Mentally was
alone with his tNelson's) wife: that he
asked to speak with Mentally II few
minutes and was allowed TO do so. and
went down to the further end of the
shed for that purpose.
The deponent asked McNally ifhe could
so out behind the barn. and he said yes.
While in the door yard Mentally said:
Make it worth while and | will let you
60" McNally had told Hall he would
look after him. After arriving in the
rear of the barn deponent asked Mentally
it worth while and l will let you go" He
says: "You can push me down and run
for the woods. and after you get most
there will fire my, revolver and holler.,"
said: Mr.. McNally, haven't got much
money. All have got is IS in the world
He says; You give me that and you
can GO And he said: = don't want
you to go with Viles today
| | stayed there few minutes and then
pushed against him and he fell over and
| started for the woods he got up and
tired two or three shots at me and hol-
will kill you kept right on He also
testified that he gave an account. of his
escape to the reporter at Dover who was
the Associated Press man. and also to
McCene later at Skowhegan: that he had
found Mentally ON several occasions alone
with his (Nelsons) wife at the house and
that Mentally had been there intoxicated;
deponent had let him have cider on sew
Il eral occasions.
The cross examination was long and
was not concluded until o'clock. Among
other things in the cross examination he
stated that the S. he paid to McNally
was a part of $35 he had received from
Mr.. burlington for cordwood. about the
last of September or the first of October.
That he had reported that his wife and
Kelly who lived there We're trying to get
rid of him. McNally had prosecuted him
for selling cider and for harboring. his
brother, Wallace Nelson, a fugitive from
justice. Never had said he would punish
McNally in some way. Never had given
any different account of his escape than
that in his deposition.
The sexton of one of our churches had
| a practical call for help one night this
week. The first conner was a woman
dressed in black. who told him a pitiful
story about her family in Augusta being
burned out and in need of funds, and
asked for a loan of 30 cents The kind
hearted sexton thought that wasn't
enough. and gave her fifty cents. There
| is a probability that the woman was Il
lfrald.-HallOwell Register.
Mr.. j. N. Towle of the Bangor News,
ba nix Il,