Daily Kennebec journal., 1897-10-04

r. "A. SMALL 6IenOSFdpneT. +
AT PITTSBURQ.
Augusta. Oct. q.
State VS.. Rosen. The defence re-
sumed it's case this morning and th'
cross examination OF the responder
was concluded. He testified that h;
took the boat at Bath for Boston
Wednesday night, and registered or
the passenger list as B. Rosen.
4 The defence then introduced wit
ness. who testified that defendant rode
with him in team from Watervllle to
Augusta, Monday forenoon, July 9Th,
and that he went on the steamboat
from Augusta to Gardiner. Also a
witness who said he was at Mrs. La
vines house. Saturday evening, July
8, and saw her and Rosen, and heard
him tell her he was going to Boston
and that he would have to have his
money, as he hadn't much, and she
told him she guessed he would get 1t;
that she guessed her jewelry was all
right for the money. This witness and
his brother also testified that they
heard Mrs. Lavine say, on Saturday
afternoon, that Rosen was going away
the first of the week.
NJ. Goldstein and wife of Bath, tes-
titled that the defendant came to their
he use, Monday evening, about 6 o'clock.
July 5, and boarded there from that
time until Wednesday. when he left to
go on the boat to Boston; that he
slept in their house, Monday and Tues
day nights. as did several peddlers of
a co no nd hot he
breakfast with them, Wednesday,
morning, and Mr.. Goldstein testified
that he locked the street door after ali
had retired for the night. and as was
his custom when strangers were in the
house, took the key out; that early in
the morning Of Wednesday, having oc-
casion to get coat in the room occu-
pied by Rosen, he went in and saw him
sleeping with several of the other
strangers. Both Goldstein and his wife
testified that they had never seen the
defendant before that time, but they
now recognized him, particularly by his
curley hair and were enabled to recall
the fact that he was there by his sing
ing in the evening. They also testified
that they saw him have an envelope,
and at his request one of the strange
peddlers wrote upon 1t an address and
directed him to letter box.
This it is claimed by the defence was
Mrs. Lavine, telling her not to come to
Boston.
The defence rested it's case and the
government resumed in rebuttal.
J. F. Woodbury.. deputy marshal Of
Waterville, testified that he went to
Boston and brought Rosen to Maine.
and on the train down defendant told
him that Mrs. Lavine gave him the
jewelry and told him he might sell the
two gentleman's chains and get what
he could for them. but not to sell the
ladies' watch and chain. but pawn
them and get sonic money IN them.
He also said he wanted to get to New |
York and see his family and wanted to
get money of her to do that. but she
could not give it to him. He said that |
she owed MIN some money; he said he
had been there at the house with her
and she loved him dearly, Thought a
good deal of him. and that ,she wanted |
him to come and stay. there with her
and go out peddling and he could stay |
away. He said he had been intimate |
with her and that was why she gave
him the jewelry, and it wouldn't do
'or her to prosecute him; he was very
anxious to see her before being taken |
before the court.
The government next introduced evil
dence that at the time Of the alleged
loan of money by the respondent to
Mrs. Lavine she had in the bank more |
than s400, and would have no occasion
to borrow money; also a list of the
passengers to Boston by steamer on
night. July 7th, in which |
among the passengers from
the name "Barno," which the
government claims IS the name given
to the boat officials by the respondent. |
The names of the two peddlers who
lodged with Mrs. Layine, on Monday I
and Tuesday nights and who caused
the arrest of the defendant in Boston,
appeared in the list of passengers from
Gardiner. 1t appeared in the evidence
Of the government that on Wednesday |
Mrs. Lavine went to Gardiner in search
Of her jewelry and while there express
ed desire to havesthe baggage Of the |
two peddlers searched. This the gov
claims is inconsistent with the !
claim of the defence that she had given |
the property to the defendant and
knew that he had it.
The testimony was concluded at
o'clock and the arguments were fin-
lshed at 6, when the court adjourned
until M0ndou of IN o,alnak lt4 l