The Portland daily press., 1898-12-21

A Shoe That Didn't Fit the Prisoner
Judge Burbank Said If 1T Rested
with Him to Say Whether th'
Charge Had Been Proven Beyond q
Reasonable Doubt, He Would Dis.
charge the Respondent.
fsPEcIAL 20 THE IREssI
+. Saco, December 20.-The long drawn
out hearing in the North Saco murder
case came to an end today and the prison.
er, George r. Crellin, was held for
the grand jury of the January term OF
Supreme court. which sits in Saco.
Six witnesses were exa lined today.
The first was Deputy Sheriff John =.
Goldthwaite of Biddeford. who had taken
measurements of the tracks found in the
soft earth near the body of Ivory Bonth-
by the next morning after the murder.
When he was conducting his investigation
he found that the measurements of the
tracks corresponded almost exactly with
the shoes worn by George r. Tasker, a
North Saco farmer. Mr.. Tasker was
present in court, wearing the same shoes
he bad on last fall. He took of one of
his shoes at the request Of the county at
torney, and the dimensions of the sole
and heel were found to tally with Mr..
Goldthw aite figures.
Lawyer Haley, the prisoners counsel
who had looked up the matter of sizes,
suggested that the respondent miaht try
to put on MIR. Tasker's shoe. County At
torney Emmons took up with the sugges-
tton. Crellin removed his heavy lumber
mans sock, and then made an attempt to
Gro d his foot into Mr.. Tasker's shoe.
He tug2ed in vain.
Doesn't that satisfy you that the
tracks weren't made by this respondents"
said Lawyer Haley, as he handed back
the shoe 1t did satisfy the county 8
prosecuting officer, who took occasion to
say, in his closing argument, that If the
tracks found near the dead mans body
were made by the murderer, George R
CreIIin was innocent of the crime.
The O tber witnesses testified very brief
ly. Benjamin B. Henderson had seen a
tramp sitting beside fire In pasture
near tbe Sands brook. two days before the
murder. Mrs. Olive F. Foss told about
Ivory Boothby, two hours after he was
called from the house. The two women
went nearly to the bridge, but savior
heard nothing. George II. Henderson
Was present when the body was searched
and saw the watch removed by the officers
making the search. Mrs. Emily e..
Ricker and Miss Carrie Boothby who live
near the scene of the murder, heard two
cistol shots that evening, between seven
and eight O'Clock Mrs Kicker went to
the poor and heard faint outcry, which
she thought was the noise of fox or
raccoon
This concluded the testimony. no evil
dence being introduced in behalf OF the
res pondent
Lawyer Haley addressed the court about
TIVE nty minutes. in an argument tending
to show that the state had failed to con-
meet the respondent with the de tn of
Ivory Boothhy He said the state had
locat ed Crelin no nearer the scene of the
murder than Bar Mills, where he claimed
he was when the murder took place.
There WAS no evidence that he knew there
was such man as Ivory Boothby.
Mr.. Haley then reviewed the evidence
and made particular reference to the testi-
inony about the tracks and the knife. The
tracks had been pr actically proven by the
states own evidence as having been made
by some one besides Crellin. As for the
K nife. there were only two witnesses who
attempted to identify it as Ivory Booth
by's. One of these was Miss Laura
Dame, who said she was not positive, and
VINO OhQ u6SCTlOeu bu0 kulIo GS ioNAtH
four blades. while this one has but three
The other witness, and the only one who
claims to positively identify it, Is William
B. Henderson, who admits that he never
had Ivory b, othby's pearl handled knife
in his hands, but had only seen MT.
Boothby using it on his finger nails. Mr.
Haley read portions of Mr, Henderson s
testimony. TO show conflicting points and
declared that his testimony about the
knife was only visionary
County Attorney Emmons, in his
closing argument, said it was his duty in
behalf of the state to present all the evil
dence he could learn of and he had done
SO 1t was incumbent upon the state to
show that murder had been committed,
and to show proba le cause that Crellin
was the guilty party. 1t was incumbent
upon the state to prove motive and oppor-
tunity. The testimony shows that robbery
was the motive. He believed it had been
hown that this respondent had an oppor-
tu nifty to commit murder. The testimony
put in showed that he left North Shap'
leigh Tuesday noon, was seen near the
John T. Goodwin place that day. was at
Lesyitt's store at Salmon Falls, between
three and half past three O'Clock that
day. and left there in the direction of
Buxton Lower corner, which direction
w ould lead toward the scene of the
murder In regard to the tracks found
near the body, it was evident that the
boots that made them were never worn
by Crelliu.
THE JUDGES DECISION.
Judge Burbank said, in substance, that