The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-11-06

OcRSOArNAAJ aJTAnfian
neither could witness tell what time the
Kimballs retired that nigEe. Witnass
knew nothing about the pillos Sins. and
had never lad any talk with Josenb
Rounds on the subject of the grave rob
berry. The shovel brought into the ga
may have been her HUSBAND & but wit.
ness could not say this positively. She
could not as to whether or not Joseph
Rounds was in the habit Of being out late
nights.
On redirect examination witness testi-
fed to seeing Augustus Day, the respon
day and Sunday about September 25.
Day was in the habit of coming to the
house.
Mr.. Augustus Il. Kennison, husband
OF the preceding witness, identified the
shovel in the case as his own. He knew
Augustus Day by sight, and often saw
him at the Kimball. house. He could not
fix any dates as he "saw him there so
much that it was impossible to keep run
of it,
On cross examination he said he was at
home on the evening of October 4, but
there was no unusual occurrence or noise
that evening. The shovel had been loaned
to neighbor. and returned clean. When
witness went to get the shovel when the
marshal called for it, he found that it
had been used. Witness was asked
whether Joseph Rounds was in the habit
of going out late nights. After objection
by the county attorney, on the ground
that Rounds was not on trial, the
question was admitted. Witness said
Rounds was out late nights often.
Now what about Day being out late
nightsG" asked Mr.. Libby. Naughter.)
Witness replied that Day was around
day and night too, spending pretty much
all his time atsthe Kimball house.
Here County Attorney Libby announced
that the state rested it's case; but Mr..
Lyons asked that Joseph W.. Rounds be
recalled This was done and
THE SIMPLE SBOY AGAIN TOOK
THE STAND.
Mr.. Lyons asked: ibid you ever tell
the officers that you removed this body
because you were afraid OF ghostsP''
II don't recollect.'
Did you remove the body because you
were troubled by ghosts2"
II don't recollect.''
Are you ever troubled by ghosts2'
Il don't know. My head is bad at
times.''
Here the county attorney demanded
that Mr.. Lyons define what ghost was.
MIR. Lyons declined.
Mr.. Lyons next asked Joseph why he
was around the grave October 5, when
they were searching for the body. He said
he felt so badly about it that he wanted
to be there.
The witness was again asked whether
he ever spoke to the officers while in jail
about being troubled by ghosts Witness
did not remember that he had
Did you know what was to be done
with this body when you dug it up?i'
asked Mr.. Lyons.
''No.''
Ibid you ask?''
'tNo.'
In
OPENING FOR THE DEFENSE.
Mr.. Lyons said he realized that in a
case like this at this stage the evidence
did not need to be conclusive to warrant
holding the respondent TO the grand Jury.
But he held that there was not one scin-
tilla of evidence to show that Ausgutus
Day was connected with the crime. OF
course Joseph Rounds's testimony was
excepted. Now no motive, no spite, had
been shown for such an act. The person
who dug up that body had a diseased
mind. No person of sane mind would
run the risk of state prison to do such an
act. The woman whose body was stolen
had no enemy who would wish such a re-
venge. The boy story about Day is alb
surd. The boy had said that Day gave
him the coffin plate and told him to take
it home. Gould it be imagined that Day
would expressly give this important and
conclusive piece of evidence, large plate
with the woman's name on it, into the
hands of this simple boy, who would be
almost sure to show it? Then the boy had
said that he burned the dress in which
he was disguised in the grave yard. What
sort of grave robbers were these, to stop
and burn their DISCUSSES in the church
yard? Mrs Kimball had claimed that the
pillow shams smelled as if they had been
around corpse. But there is direct evil
dence to show that they were not in the
casket. If Augustus Day took them off
q clothes line the officers ought to be able
to find the family that had lost them?
And if Day had been going to make a
present to her, would he have been likely
to have given her shams that smelled like
a corpseP They do not smell like a
corpse now, as we have her word for it
that she has washed them. Mrs. Kimbal
says she heard whistle outside on the
evening of October a. She is very familiar
with Days whistle; (Leughter) and
thought it was his. And she was
straightway SO much alarmed that she
got piece of paper and made a memo