The Portland daily press., 1898-01-17
DAY FOUND GUILTY.
The Verdict in the Westbrook Grave
Robbery Case.
Jurors Debated the Issue Over Three
Hours-Steps Taken TO Procure New
Trial.

Augustus Day, the middle-aged, dark
complexioned, Westbrook sewer builder
who for three days faced jury IN the
Superior court, was Saturday convicted
Of robbing the grave of Mrs. John hob
erts, in the old Westbrook. cemetery. The
Jury consumed three and a half hours in
reaching that conclusion.
Mr.. Lyons in beginning his argument
said the government had failed to show
| a motive on the part OF. Augustus Day Tor
committing the crime charged against
him. The indictment alleges that he dug
up the body for the purpose OF selling 1t
for dissection, but no evidence in sub
sanitation OF this allegation had been
introduced. Mr.. Lyons then reviewed
the testimony of the respondent, and
traced his movements from the time he
left his home, September 26, till ne re-
turned October 9. Counsel reoited the
details OF Days trip to Limington, where
he visited his brother, then to Brown
field, and Cornish, then back to Lining
ton, where he remained the night of o.
tober 4, when. the crime is alleged. to have
been committed, and thence to Sanford,
to Kennebunk and finally to Westbrook
on the 9Th Mr.. Lyons laid stress on the
point that the dates of the fairs which
Day attended bear out his statement. The
Westbrook court record of conviction for
intoxication and fast driving did not,
the attorney argued, incapacitate him for
telling the truth. No testimony has been
put intending to cnst any reflection Jon
the reputation Of the respondent for
truth and yeraeity. Maj shall Knights
claim on the $500 reward was referred to
as potent factor in the prosecution of
Augustus Day.
He argued that there has been no con-
elusive testimony in the case to show
whether the grave robbery was coIamitt-
ed on Sunday night, October 3, or NJ on
day night, October 4. The defendant
claims that he was in Browntield SUM-
day night and at his brothers. home in
Limington Monday night, and reliable
Joseph Rounds before the Westbrook
court as compared with their statements
in this trial. In conclusion ME-. Lyons
argued that it would have been an i'm
possibility for Day to have driven from
either Limington or Browntield to
| witnesses have corroborated that claim.
| Counsel called attention to discrepancies
| in the testimony of Mrs. kimball and
Westbrook in the night, committed the
grave robbery and driven back in time
| to be seen by the witnesses who have
testified in substantiation of his alibi.
COUNTY ATTORNEYS ARGUMENT.
County Attorney Libby began his argu-
ment at 45. He began with the admis-
sion that Joseph W. Rounds, the govern
nent's chief witness, is not a strong
minded young man, 'sbut, he added, Il
believe he told the truth on this stand; l
frankly admit that. if he did not tell the
truth The governments case against this
respondent falls to the ground. He re-
peated the adage that Children and fools
tell the truth. !"
Pointing to the shovel, with, it's blade
still covered with a light soil which the
sexton had testified corresponds with the
soil in the old Westbrook cemetery, the
county attorney said there was cIrcum-
-stantial evidence TO ccrrohnrate- -Ropnds's
confession that he assisted in the grave
robbery. BY the respondents own adj
mission, he was frequent visitor at Mrs.
Kimball's house; complaints had been
made of the frequency OF his visits there;
he was well acquainted with Joe Rounds,
had taken him to ride and would natural
ly have an influence over him. There can
be no doubt that Joe Rounds was con-
nected with the robbery of Mrs. Roberts's
grave but from the testimony as to the
weight Of the body, Rounds could not
possibly have done the deed alone
The prosecuting attorney next reviewed
the testimony of Mrs. Kim ball, who
claims she heard Day talking with Joe at
the door of her home on the evening of
Monday, Ocroper A., and of Mrs. Merrill
who says she saw Day in Westbrook early
the following morning. He said the gov
eminent admits that Day was in Brown
field on Sunday, October 3, and that he
drove through Cornish Monday forenoon,
but he had ample time to drive from Cor
nish to Westbrook that afternoon and
evening, commit the grave robbery, be
seen by Mrs. Merrill between six and
seven O'Clock Tuesday morning, ana drive
back to Sanford, reaching tnere about
eleven O'Clock, when one of the witnesses
saw him in Sanford.
At the conclusion of the county attor-
neys argument, at IL. 80, court adjourned
till Las.
Upon the reconvening of court Judge
Bonney began his charge to the jury. He
first outlined the government charges
against the respondent, called attention
to some points in the case that are not IN
dispute and then passed to consideration
of the conflicting claims of the state ana
the respondent 1t was evident, he said,
truth; it was the duty of the jury to tnd
the truth in this mass of conflicting testi-
mony. There was no dispute concerning
the law applicable to the case. Judge
Bonney then proceeded to instruct the
jury along general lines, of weighing
evidence, sizing up witnesses and compar-
ing contradictory statements with view
to asoertaining which are reasonable.
The jurors were told to determine
whether the crime alleged was committed
Sunday night, OCTOBER 3, or Monday
night, the 4th. If on Sunday night, was
the respondent at Browntield, as he
claims. If on Monday night, where was
he? Was he at his brothers. home at Linn
ington as he claims, or did he drive down
from Cornish to Westbrook, commit this
deed and drive the next forenoon to San
ford, as the government allegess
At the conclusion of the charge Attor-
ney Lyons handed up two slips of paper
upon which were written some additional
instructions which he wished the court to
give. Judge Bonney looked them over
and decided not to present the instruc-
tions. The defending attorney asked for
and was allowed exceptions on this point.