Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-06-10

leave the tent until the concert began,
when he went to the ticket wagon and
settled with Mr. Murray He said the
penalty of going out during this time
would have been discharge. He posi-
lively denied having been concerned in
the assault.
James L. Murray Of Columbus, Ohio.
the manager of the reserved seat and
concert ticket sale showed the slips that
had been filled out by Bell and said it
would have been impossible for Bell 70
be away for any time without their know
ing il. He testified the same as Bell in
regard to the regulations ana hours OF
work. He said Bell settled with him for
the last time at night, at lois, in the
ticket cart.
Frank Green, the head usher, said he
reported any time when the ticket sellers;
went out when not permitted. and he
stood between the two tents with Smoot.
Smoot went away that night at o'clock.
He did not see Bell 90 out to settle with
Murray, but saw him return and saw him
! throughout the evening up to the time of
| the opening of the concert.
G. n. Thompson. the assistant manager
testified to Bells duties and said it was
| impossible that Bell could have been out
| at the hour mentioned as he saw him
from o'clock until the concert after the
big show.
Mr. Burlegh made strong plea for
his client and pointed out the inability of
| the man to have been present at the place
,ft he ticb Al
also the improbabiity Mr.. Goddard
also made a good plea and summed UP
| his testimony well.
Judge Andrews said he could attach no
! particular blame to the circus manage
ment and though they had a very orderly
! crowd, taken as whole. but he knew a
| few things more about the case than had
been brought out. and he had no doubt
! but that Bell was in the attacking party.
Whether he committed the assault was
Of course a matter to be proven.
1t seems that the Judge went by the
lemonade stand at little after 10 o'clock
and il was still there. This was after the
big show had let out. so the compliments
were off on their time. and also in regard
to the circus being let out. The Judge
| had stayed at the concert a short time
and had left before it was over. therefore
he knew that the assault was committed
after that time. This would have given
Bell plenty Of time to have Joined the as
saulting party On this ground the judge
said he should have the man furnish
bonds for his appearance at the next
term of the superior court
Here Mr.. Burleigh said if the case had
taken this turn the defence wished to
say that to screen two young women,
they had not introduced them in the case,
but as Bell went home with these girls
it would prove an alibi after the time Of
the show. The judge gave time for the
two young women to be brought in ana
an officer with Bell went in search Of
them. They were found, but asked to be
excused from appearing If the case could
be settled any other way claiming that
1t would be unfair to call them into the
case.
Upon the return to the court room the
affair was settled. the management of the
circus paying the complainant a certain
sum to appease him, ana also the court
bills. and Bell was released from custody.
The complainants say that if they ever
catch Smoot. whom they look upon as the
real culprit, they will prosecute him %
the full extent of the law
Bell maintains his innocence and says
though he has an idea that he knows who
was in the raid a man that resembled
him, he will not tell now that all is set
tied. The members of the circus left on
the Pullman for Lewiston, where they
will exhibit, today.