Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-09-22
SUPERIOR COURT.
September Term, Hon. Oliver G. Nall
Presiding.

| w. S. CHoArE. Clerk
A. L. MCFADDEN, Sheriff.
| GEO. w. HEsELTON County Attorney.
r. A. SMALL, Stenographer.
Augusta, Sept. 81.
State VS.. c. II. Leighton, county at
torney for State, G. c. Sheldon for de-
PENDANT. Indictment for breaking and
entering the dwelling house of ]. C.
Manual, West Gardiner, in the day
time, with intent to commit larceny.
The testimony on the part of the gov
eminent was that Mr.. Manual and wife
had their dwelling house in West Gar
diner and were in the habit of leaving
it for months at time to visit their
children. In the summer Of 1896, they
left it with the household goods there
in and securely fastened. In October
Of the same year, the complainant
found his house broken into by the re.
moval of glass and drawing of nails,
and several articles Of household goods
missing, among other things a two
quart tin can with a bale. Upon q
search of the respondents house, some
three miles away from the house
broken into. tia can was found sit
ting upon a table which was imme-
diately identified by the complainant
and given up to him as his by the wife
of the respondent.
The government. today, placed upon
the stand the respondents wife, who
testified that one day in August. 1896.
she and her husband were walking
from Rome to West Gardiner, and on
their way stopped near the house
broken, but. unexpectedly to the county
attorney, she said that her husband
did not go into the house nor get any,
thing from it. and that she never ad-
mitted to the complainant that the can
belonged to him. She stated that she
had sworn before the grand jury and
also at the preliminary hearing that
her husband did break into the house
at the time they We're near it. and that
she tried to prevail upon him not to
do so anu that she also enumerated
the articles he carried away, among
them the can. .r
When pressed for her reason for
making those statements, if her testi-
mony now was true. she stated that Z
member of the board of selectmen of
West Gardiner and the complainant
had told her that as they had found the
can in the house, il she did not appear
against her husband she would have to
go to State prison.
Both of the parties against whom she
made the charge were recalled and de-
MED her statement.
20
testimony said that upon her own ad-
mission she had committed perjury. and
as authorized by the statute ordered
her into the custody Of the sheriff.
The complainant testified that at the
preliminary hearing he asked the re-
spondent a question and that he then
admitted the can belonged to complain
ant
The respondent did not go upon tn"
stand nor introduce any testimony
His counsel argued that there was d
conspiracy on the part of the town
officers of West Gardiner to railroad
the respondent into State prison in or
der to get rid of them, as they had be-
come paupers.
The county attorney in his argument
said that there had been in the case
| rank subornation of purjury which H.
promised to ferret out and see punished
The case was given to the jury about
| 3 O'Clock. At 4.3O verdict of no,
guilty was returned.
State V. Michael Dever. County at
! torney for State, Whitehouse & Fisher
| for defendant. Indictment for an as
sault and battery upon Albion Howard
| in Chelsea. The government case Il
that on the afternoon Of Sept. 2, How
ard, who is an invalid soldier at the
Home, and at that time an inmate o.
the hospital, was walking on the Niue
Mills road in the vicinity of Hayseei
avenue, when the defendant rushe.
upon him, struck him over the heat
with a club and felled him to thu
ground 1t appeared from the testi
mony of one of the witnesses that tn
respondent gave as an excuse for tn
assault that Howard woke him out o
his sleep and kicked him in the leg.
The government case was concluded
when court adjourned
F. H. Gaslin, through his counsel
paid a fine of $25 and costs, taxed
$25. for an assault and battery upol
r. f.. Derbyshire. Gaslin had alread!
settled a court suit brought by Derby
shire for the assault, by the payment
5000.