The Portland daily press., 1898-01-15
EVIDENCE ALL IN.
Day Case Goes to the Jury
Today.
DEFENSE CLAIM AN ALIBI FOR
THE ACCUSED.
Many Witnesses Put on the Stand in Days
Behalf-Some Conflicting Testimony
Arguments Will Be Made This Morn
ing.

Arguments Will Be Made This Morn
| ing.
| The evidence in the Westbrook grave
robbery case is now all in and today the
arguments will be made. All day yester-
day was taken up by the defense, in
putting in evidence and by the State in
rebuttal.
| The defense put many witnesses on the
stand to prove an alibi for Augustus Day
the accused. The grave of Mrs. Roberts
the State claims was robbed on Monday
night October 9Th, while the defense
claims that Day, who is accused of the
crime was in the northern part Of York
and Oxford counties from September 26
to October 9th. There was large attend
ance at the court room all day and the
case was followed with much interest by
many people. It is believed that a verdict
IN this case may be rendered by six
O'Clock If not before this time.
| Mrs. Kenison was recalled at the OPEN
ing of Court by Mr. Lyons for the de-
Tense, and her cross examination con-
tinued.
She said that she SAW in the paper that
$500 was offered by the city of Westbrook
for evidence which wound lead to the ar
| rest of the grave robbers. After the re-
| ward was offered she found the coffin
plate which came from Mrs. Roberts,
basket beneath the steps of Mrs. Kim
balls house. She is one of the claim
| ants for the reward.
Mrs. Kimball was also recalled by Mr..
Lyons. She was asked to explain some
discrepancies between her testimony as
given Thursday and as given in the West
have been given at Westbrook conlaicted
in many points with that given by her
Thursday. Mr.. Lyons went over the
ground very carefully, and went over all
of her testimony as given in Westbrook.
Mrs Kimball was asked If she was Civ
en- any moneyato move from Westbrook
before the coffin plate was found. She
replied that no one gave her $40 bill.
and she did not change one in the store Of
Mr.. Bird the night before she moved.
Mr.. Lyons now opened for the defense.
He said that the def5nso did not deny
that the body Of Mrs. Roberts was re-
moved from her grave either on Sunday
or Monday night. The defense admits
that the respondents name is Augustus
Day, and that he lives in Westbook, but
we deny that he had anything to do with
the grave robbery. The defense will prove
that Augustus Day was absent from
| Westbrook on Sept. &c, went to his broth
er's house in Limington, and stayed
there until Oct. first, when he went to
Brownffeld. On Oct. 4th he was in Cor
nish. On Oct. 5th he went from his
brothers. house to Sanford, and on Oct.
9th he went to the Acton fair, and on
| Oct. 9th he returned to Westbrook.
| We shall show you that Augustus Day
was not in Westbrook on the night that
Mrs. Roberts's grave was desecrated. The
respondent did not know Mr.. or Mrs.
| John Roberts, and he did not know that
| Mrs. Roberts was dead until he returned
to Westbrook on Oct. 9th and learned of
| the grave robbery. Then he learned that
| Mrs Kimball had connected him with
| the crime, and he went to her and asked
| her why she was making this talk about
| hin and Mrs. Kimball denied that she
| ever had made any charge against him.
City Marshal Knight also denied that 9
had heard of any charges against the re-
spondent. 1t was not the deed of a guilty
man to go to an officer on a charge like
| this.
Augustus Day, ssthe respondent was the
| first witness called for the defense. He
said that he was contractor for sewer
and cellar work, and had lived in West
brook II years. On September 70 last ne
went to his brothers. at Limington. He
stayed there until Oct. 1st, and then went
| to Brownfield. The 9th he was at the Ac-
| ton fair and returned home on Oct. 9Th
my brothers name is James Day. and
he lives in Limington. l drove up there
with three-year-old colt, started from
Westbrook at seven o'clock in the morn
ing. and got there about ten. l heipea
my brother shingle his house. l was at
my uncle's in Browntield until Monday.
On Sunday Robert Day and I went to
Henry Durgin's. On Monday about nine
O'Clock I started from Brownfield for
Cornish. Brownheld is 45 miles from
Westbrook, and nine miles from Cornish.
On my way from my Uncle SeWaH's l
| Cornish. asked him to get in and ride
with me. and I carried him to Cornish.
[ got to Cornish at about quarter to
| twelve. I stopped at Charlie Dimmock's
| at Limington Corner to get some grain,
and got to my brother James's house at
| Limington at about three o'clock. Gene
Harmon came there while was there,
and my brother paid blacksmith's bill
of &c. 80 and got receipt. I went to bed
at about nine O'Clock. I got up the next
morning at six, and again saw Gene Har-
mon.
| On the morning of Oct. 9th drove to
Sanford to the Acton fair. While at San
ford l stopped with Roy MoDaniels and
saw Lee Trafton and his brother, who
kept an npothecary store. On Oct. 7th
went to Kennebunk to see my brother
boys. On my way home from Renne-
bunk | went up to see Harry Bounds at
Mrs. Kimbalrs whom 1 owed so cents
for labor.
| 1 did not know John Roberts, didn't
know he was married or that his wife was
dead. first learned of Mrs. Roberts
death on Oct. 9th, when 1 heard my
name was connected with the gravs rob-
berry. J. went I'D to see Mrs. Kimball on
Sunday the 10th. She said she had not
made any talk about me. also Went
to see lawyer to sec if anything coulq
be done to stop such talk about me. |
also called on Marshal knight and asked