Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-03-12
Daily geaashsf yo,,rual.
SUPREME JUDICIAL COURT.
Continued from page ~

10y Munu Ine pafn aud saw McNaliy
woods the people then gathered in the
yard and were excited. Heard Mr.. Foster
ana Mr. iiean say It was u put-up job.
heard others say II but could not remem-
Der who. Heard Mentally give an account
OF the escape. lie said he was standing
y, IA IRON, OF Nelson when he rose up and
before he could think what he was gong,
70 10. ne put his arm under his chin. or
his hand, and kind OF trippeu him down
ana ran. Witness asked him If he could
MT have put a bullet into the man before
he struck the ground. and he said no.
He said he took Nelson out there to at
Tend TO q call Of nature. and witness went
gu, ana looked Tor evidence of it. but
found none. Heard Bean on the way to
Skowhegan, that afternoon. say it was II
put-up job. On the morning of the return
OF Nelson from Foxcroft he had inter
viewed nm at the SlSowhegan Jail and
TINS interview, which was read to him in
the presence of Sheriff Viles. was pub
lished in the Journal, as well as the ac-
count of the occurrences ON the day Of
the escape He had never had any i'll will
or hatred against the plaintiff and be-
lieved the story which Nelson told to be
true. He believed the articles he wrote
in regard to the matter were true
ON cross examination witness stated
that he knew Nelson had been a Grim
inal for years; that he believed what he
SAD about bribing 4 public officer.
John T. BillingS is years old and a
resident of Clinton for 81 years, an axe
maker. testified that McNally's reputa-
ton generally for moral worth in Clin-
him. On cross examination he said he
had read the articles in the Journal,
but that didn't injure the mans reputa-
ZION in the community. Elbridge q.
Clinton since 1881. who had been IA trader
and county commissioner. testified that
McNally'S reputation generally for moral
worth was not good. Relations with him
MI fl.,A H.
gould not state anyone who had said so:
that McNally had just been elected CON
stable of the town and had been deputy
sheriff four or five years. Never heard of
any attempt to remove him ON account OF
his character Ruel w. Gerald, 80 years
of age. residing in Clinton 81 years, testi-
fed that McNallys general reputation
for moral worth was bad. Never had any
trouble with him. +. II. Gerald, age A.
IL farmer and residing in Clinton all his
life.testiled that McNally's general repu-
tation for moral worth was rather bad
in that community. On cross examina-
ton he testified that Mentally had been
constable in the town for years without
opposition: also had large petition for
appointment as deputy sheriff six years
ago and witness thought he signed it.
John NJ Jewell OF Clinton, an insur-
ance agent. formerly deputy sheriff and
postmaster and on pleasant terms with
plaintiff. testified that McNally's general
reputation for moral worth in Clinton
was bad. Alton Richardson. 6S years old
and il resident of Clinton since 40 testi-
lied that McNaily's general reputation
for moral worth was rather bad. Had
always been on friendly terms with him.
Was his next door neghbor.
Clarence Il. Burleieh. recalled. testfic
as TO McConc'S connection With the paper.
Witness had charge OF matter coming
into the office for publication by day and
Mr. Richards, the night editor, by night.
lie also testified as TO whose hands the
alleged libes went through when they
,ame into the office. Al the time of The
publication of the first article witness
did no. know McNaly and had never
heard OF him; had no malice or hatred
toward him at the time OF the publica-
lion of any of the articles. They We're
published az news matter. in good faith.
and n belief that they We're true. After
the letter of complaint from plaintiff
witness sent the letter 10 McCone and
caused him to make Il thorough invcSu-
CATION. and in consequence of MeCone's
report McNaiiys letter was not pub
ished because the statements concerning
him were thought to be true;
O. W. Richards. night editor OF the
journal testified as to what of the arti-
clos in question went through his hands;
that he did not know McNaily AZ the
time OF their publication. and BELIEVING
tha statements to be true, published them
i'm good faith; hadn't the slightest Ill VIII
or hatred against plaintin.
Edwin c. Rurleish' one or the aei ,,;,-
about the articles published; did not
i.now the parties except that he had met
the DIain;iff in 1893 and hadn't the slight,
est feeling of malice or Ill VIII toward
him. .
Charles T. Flynt. one of the defendants,
stated that he knew nothing about the
articles in question and that he naa 70
I'M will or malice against the plaintit.
r. f. Mccone was again called TO the
stand for cross examination. at the con-
elm sion of which the defendants rested
their case and plaintiff resumed IN re-
n. w. Branard. clerk of courts ut
Skowhegan. was called and produced the
records of tie supreme JUDICIAL cur w ~.
read. showing that McCone in 1889 was
convicted of larceny and was semte,ce"
to Auburn Jail for II months and 70 aayS;
" s Choate was called and produced
the records of the superior court TO snow
various convictions against Foster Nri-
son for violation of the liquor law also
convictions and sen f,,ra ono i as a com
mon thief for which he is now serving a
term of six years at Thomaston.
Fri 3. Bickford OF Burnham. tes,nl rs,
that he saw Nelson and his wife in Burn
ham after liquor that was coming by
train at one time. and Nelson told him
it didn't come, and he guessed he was was
he then said: .D--n him. will get even
with him some day." This was two or
William Cooper of Clinton. testified that
he was helping Nelson thresh. about q
week before the arrest, and when he paid
witness $1.25 for his work he had to Dor
row it of his father, Moses Nelson VINO
was present He borrowed " or ms
father and paid the IS cents remaining TO
the Adams boy who was helping. saw
Nelson in his dooryard. the next day
after his escape. and asked him how he
GOT AWAY and he said he knocked Nc
Nally go feet and skipped. He saw Il
team coming up the road and says: That
Id Mentally is coming and stepped be-
hind the barn and that is the last witness
saw of him. Nelson had his gun with
him The man in the team coming was
not Mentally.
Fred Brown testified that, about two
years ago, Nelson said of McNally:
There goes that id rascal. and II ever
7 get a chance I will squeeze him." Nc
Nally was then going past witness snop.
Herbert Nelson. IL second cousin TO Eos
ter Nelson. testified he lived about mile
from him and saw him the next day after
his escape. on his premises. Nelson then
said that he knocked McNally over and
got away He said, IF McNally under
takes to take me shall use this weapon.
Tie had a gun in his hand.
YIN. H. Kelley testified that he was at
p~csent serving a sentence in kennebec
mi, and that he had been at work for
Nelson at time of arrest, on that day be-
ing AT Fairfield with a load of wood. On
that m ornin.s he called upon Nelson for
money to buy tobacco. and also some tea
and soda FOR the house Nelson produced
GO cents from wallet on the shelf and
said that was all he had Was in the
nil at SkoWh,gan with Nelson and Mel
SOY, p,oofiouad the report OF his having