The Portland daily press., 1898-01-15

l
is and have never seen it that know Of.
know nothing about it, never talked
with Mrs. Kimball or Joseph Rounds
about it. 1 did not go to Mrs. Kim ball q
house Oct. 4th and whistle for Joseph to
come out, never gave Mrs. Kimbal any
pillow shams, and never saw the shovel
which is In the case before the prelimi
nary hearing to my knowledge / never
saw the coffin plate of Mrs. Roberts un-
II! 1t was first produced in this case at
| Westbrook.
never told Mrs. Kimball how Joseph
! and dug up Mrs. Robertss body. 1
never had any talk with Mrs Kimball
relating tossa $500 job.
Cross-examination-J Roberts new
er furnished me with milk that remem-
Der l have known Mrs. Kinball for
about year and half. L first met her
IN Sanford. She afterwards kept house
LOT my brother James in Limington.
while she WAS there I frequently visited
sne house. She moved TO Westbrook in
March. often visited her in the day
Gime and at night time, but never stayed
there all night. The calls made were
social calls. Harry Rounds. her son, once
| helped me build q sewer. l never was in
the cemetery with Joseph Rounds, but l
have taken him to ride. lat different times.
| left Westbrook September 20, but
don't know that called ON Mrs. kim
bali
The County Attorney made Day go all
over his story again, and questioned him
sharply on his dates, distances between
different places where he had been, and
his movements. Between Oct. 9th and
Oct. % Day said he was in Jail. He was
convicted Of intoxication on May 5, 1894.
He was also convicted of cruelty to ami
mails and given ten days in jail.
This ended the GROSS examination.
James Day, the next witness and q
brother of Augustus Day, lives in Linn
| ington. The respondent came to wit
ness's house Sept. &c and stayed four
days. He came back to his house on Oct.
and stayed an day.
| While the respondent was at witnesses
house witness paid Gene Harmon $3.50
and got receipt and witness identified it.
| On Tuesday, Oct. g. the respondent left
WITNESSES house.
| On cross examination witness stated
| that he had never talked of his brothers.
visit to City Marshal Knight. Did not
talk with Knight anyway, though he
came to the house. Did not tell Knight
that Augustus Day came to his house on
Sept. 20 and left October first. or that
the got back to his house Oct. 5, Just as
witness was sitting down to dinner. He
had never seen City marshal Knight at
| his house in Limington that he knew
| of.
NTb, A3lluud L. ldts WlAo VI JAuSS
| Day testified that Augustus came to her
house Sept. 26, stayed four days, and
went away. He returned on Monday.
| October 4. Augustus Day stayed all
night at witness house October 4.
"City Marshal Knight came to our
house and told him that Augustus Day
had come there September &C. and had
gone away October first, and / also told
MIR. Knight that Day came again to orr
house on October 5, intead of October 4.
| I did not know that Gus had been ar
rested at that time"
| The first witness of the afternoon was
Mr.. Leon B. Traitor of Sanford, drug
gist, knows Augustus Day. He saw Mr..
| Day ON October 9th at the Acton fair
grounds and also saw him in his store a
day or two before this.
| On cross examination witness could
not give the day of the week when he saw
Day. He fixed the date when be saw
| Day as the sixth because it was the only
day he went to the Acton fair.
said Augustus Day came to his house on
| Friday October Ist. He fixed the date
| because Fryeburg fair was the last three
days in September and Augustus Day
| had come there to go to this fair but it
was over Augustus Day staid there
until October 4th. Day left witness s
| house after eight clock. 1t is thirty five
I
City Marshal Knight interviewed the
| witness twice.
Experimentation couldn' t
remember the date when he next saw
Day. nor the date of the hearing in the
municipal court In Westbrook. When
Day left witnesses place he said he was
| going to Linn ington.
Mrs Polly H. Day, lives in Brown
field, said the respondent, Day cana to
her house on October 1st. He got there
after dinner. She also fixed the date by
the agricultural fair at Fryobrlrg which
lhad occurred the week previous Day
staid at WITNESSES house until the morn
ing of Monday, October 9th. City Mar
shall knight had an interview with this
witness also.
Gross examination disclosed NO new
facts.
| John P. Norton of Hiram, farmer,
| testified that he rode with Day on the
morning Of October 4th from his place to
Cornish about mile from Days uncle.
1t was about O'Clock when he was taken
up by Day. They arrived at Cornish
he had been summoned to Paris on the
second Tuesday of October and he rode to
Cornish with Day the first Monday In Oc-
tober.
On cross examination witness said it
| took Day and witness three hours to go
ten mIleS. he nxeu Gne nOur oI Lay
| arrival at Cornish by the fact that ths
post Office closed about the time they
| got there.
Frederick Eugene Harmon, a black
smith Of Limington, testified that on
| October 9TH in the evening he went to
James Days house to collect a bill and
| Augustus Day was there. he fixed the
date because he collected bill from
James Day. WITNESSES house.keeper was
with him when he made this call. Wit
| ness identified the receipt he gave James
Day that night. Tuesday morning Octo-
Der 9Th witness passed James Days
house and saw Augustus Day there.
Witness testified that Joseph W. Rounds
| had told him shat his head troubled him
and he..was frightened by ghosts. When
Rounds lived near the witness he had
come to his house at night and told him
this.
On cross examination witness said he
had not receipted the bill himself but
had ordered his house-keepsr to receipt IL:
He can write but theEhouse-keeper does all
his business. Nothing had been scratched
off this receipt and on seeing the bill he
said it was just as it had been written;
He was sure it was Monday night that
| he saw Day because he collected several
other bills that night. He was very sure