Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-12-18
SUPERIOR COURT.
December Term, Hon. Oliver G. Hall
Presiding.
George W. Heselton County Attorney
w. S. Choate, Clerk.
A. L. McFadden, Sheriff.
F. A. Small, Stenographer.

FRIDAY, Dec. IL.
In the case of State VS. futile. the
cross-examination of the responder.
was continued this morning. and con-
cluded in about half an hour.
c. +. Donnell and J. w. Boynton of
Windsor, testified as to the location OF
the futile house with reference to the
houses each side of it. Boynton testi-
fed that defendant had complained 10
him that. he had bad feelings in his
head. resulting from grippe.
r. +. Pierce of Windsor, testified that
the first time he ever saw the defend
ant. after his coming upon the circuit.
he manifested symptoms of forgetful-
ness. which defendant attributed to
grippe.
Mrs. Ann B. futile. the wife of the
defendant. testified that she had been
married years. She also testified
that her husband. last spring had two
attacks of grippe, since which he had
manifested different characteristics
He had become forgetful and indiffer-
ent to the feelings of others. Previous
~ he had consulted with her in regard
to his sermons, but since his sickness
he had refused to take from her any
suggestions. and had said some very
unwise things in the pulpit He had
also complained of not getting any resi-
and of a tired, depressing feeling. 1T
one time he had left home without his
breakfast for Cross Hill. without as
signing any reason. though it was all
ready on the table for him. He had
also behaved in an irrational manner
toward his relatives while visiting
them. in October. She had consulted
with him at that time and arranged
with him that if he could get a girl
from the Industrial school she would
come home Immediately. otherwise
probably not before Thanksgiving, and
giving him a letter to the superintend-
ent of the school.
H. L. futile. brother of the defend
ent, employed in Botson, testified 10
some peculiarities Of the defendant.
whom he saw in October different from
anything he had ever seen in him be
fore.
The defendants case was concluded
mere and the government resumed in re-
buttal.
DR.. 3. r. Sanhorn. superintendent of
the insane hospital. testified that the de
PENDANT had been in the hospital since
Nov. !. and under his observation: that in
his opinion the defendant was not in
sane.
Revs c. S. Cummings of Augusta. and
Walter w Ogier of Thomaston testified
that after the defendant was committed
10 Jail they had an interview with him
The defendant then made some state
ments to them as to what took place ON
the night of the alleged assault and which
tn - ~
the defendants testimony in court.
The government introduced a letter
written by the defendant to Miss Staples
on Monday. Oct. 26 in which he assigned
as the reason for the return of the Cas-
sidy girl to the school that-"we shall not
need her.
The testimony was concluded at 3
O'Clock and the arguments of counsel and
charge to the Jury at 5.25 After being
out an hour the jury returned with a YER
dict of guilty.
The prisoner. through his counsel. re-
ouested that sentence be Immediately i'm
posed. and Mr. Whitehouse briefly ad-
dressed the court in mitigation of sen
tence.
Judge Hall then addressed the prisoner
as follows: You have had fair and an
impartial trail and the jury have found
YOU guilty of the very henous offense OF
an attempted rape upon a girl taken by
you from an institution in when she mad
been placed for protection. / cautionei
the Jury that the fact that you We're a
clergyman should not have weight. ex-
centing as a question of character IN
weighing the probabilities of your having
committed the offence. When it comes to
q uuestiOn of sentence after your con-
vicfion. | must take into consideration
the fact that you are cierg s Ia afo as
which YOU have committed. The statute
provides that the penalty for this crime
may be not exceeding 10 years imprlson-
,nent in the State prison. Inc suggestion
of your counsel that it was not attended
with such enormity as sometimes attends
the commission of such crime. 1T true.
If is about the only mitigating clrcum-
stance connected with your case. there
FORE feel it my duty to impose severe
enlistment for the offence which you
have committed. ,-A ,.o,,o ..roo
wears at hard labor in the state prison.
No case was ready for trial, saturday
and the Jury were excused until Monday
morning at 10 O'Clock.
mo- oh LIE Rushey of Waterville. con-
vcted at the April term R Of an assault was s ana
.L m nav a fine of 500 and in default
of nayment 80 days in jail
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