The Portland daily press., 1898-01-15

she lad told her husband that he was &C
cused Of robping the grave when he got
home October 9Th. That was the first he
had heard of it. Mr.. Dolley told her he
was accused of the crime.
Charles Lesser, a mail carrier of West
brook lives in Augustus Days house,
Day was absent from home from the last
Sunday in September until October 9th.
!. On cross examination witness said Day
could not have been at the house without
his knowing it, although he might have
been there without witness having seen
him.
Viola E. Day. daughter of Augustus
Day, testified that her father was absent
from home from the last Sunday IS sep
tember until October 9th.
Edward Is. Phinney Of Westbrook,
fire insurance agent, said that ne was at
Mrs. Roberts's grave o few days ago:
Judge Rays house is about one hundred
PAGES from the grave. The Lapoint and
Brooks's house are not much farther
away, Witness measured the shed and
water closet Of Augustus kenison.
The defense rested here.
The first witness called In rebuttal by
the State was City Marshal Walter B.
Knight of Westbrook. He said, II went
to James Days house.in Limington and
saw him and his wife: They told me that
Augustus Day was at their house Sep
TENDER Goth and that he left on Friday to
40 to Brownfield. They talked the mat
ter over and said that Augustus Day
came back to their house Tuesday, Octo-
Der 9Th, and the next day he went to
Sanford to go to the Acton fair.
stI arrested Augustus Day and he told
me lust where he was from September
s6 to October 9th.' The story Day told
the marshal at the time of his arrest did
not differ in anyway from that Day told
on the witness stand.
Gross examination-NI arrested Angus
tus Day at Henry Day'si in Brownfeld
and was accompanied by omcer Fiynt
of Hiram. On the way to Portland by
train Day told me practically the same
story that he has told here. Mrs. Kimball
did not tell ME that the story she told at
the Westbrook hearing was untrue but
that she was going to tell the truth at
this trial. Mrs. KimbalPs story ABOUT
Days confession was never told me by
her before yesterday.
II Augustus Day is convicted Mr..
Knight will be claimant for the $500 re-
ward offered by the city of Westbrook.
Samuel ID. Plummer, sheriff of Cum
berland county, stated that Augustus
Day made statement to him. Day stated
at that time that he could prove where
he was during the time in in question.
| Days statement was the same then as he
made on the witness stand, only he said
| he left Westbrook September 25 instead
of September Goth.
Deputy sheriff Firth corroborated this
| testimony.
| Mrs. Ella Merrill Of Westbrook, was
at Mrs. Keniston's house on the morning
of October 5th. Mrs. Remission was sick
and witness went over to see is she could
held her. 1t was between and O'Clock
in the morning and she saw Gus Day
drive away from Mrs. Merrill as she
came across the field.
| Cross examination-Witn fixed the
date because Mrs Kimball came TO the
door of her house and told witness about
the grave robbery. When witness saw
Day he was not for from her and WAS
driving down Middle street. Witness
didn't tell Fanyone about the matter
unless it was Mrs. Remission.
The Stats stopped here.
Mrs. Malinda Day was called In rebuff
| tai by the defense and said that she did
not desire to modify herr former testi-
mony in any way.
This concluded the testimony and court
adjourned until this morning when the
argu ments will be made.