Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-04-21
SUPERIOR COURT.
The April, 1899 Term. Hon. o. G. Hall
Presiding.

| GEO. w. HEsELToN, County Attorney.
| w. s. CHoATE, Clerk.
A. l.. McFADDEN, Sheriff.
| +. A. SMALL, Stenographer.
| Augusta. April 20.
The case of State VS.. Merrill and
Priest was resumed, this morning, at
$50 and Mr. Philbrook opened for the
defence.
John A. Merrill, one of the respond
| ents. was the first witness. He testi-
fed that he now resided in Newport.
| in this State, and was in the business
of trade there: was IS years Of age and
| married. Henry Bushby was one of
his patrons when he was running the
barber shop AT Vassalboro. and on the
night in question came in and was
shaved. He had bad cough, so bad
that Merrill was afraid of cutting his
face while shaving him, and suggested
that he take some liquor. Bushby as
sented and took from Merril's hand a
drink of split in a dipper and drank
1t. coughing spell came on again
and the dose of drink was repeated.
His testimony as to what took place in
the shop was substantially the same
as the witnesses GOodson and Lewis
He denied injuring Bushby in any
way, and said that when the man fel!
rom the chair he thought he was in
1T. and having been in hospitals as an
attendant and seen patients in fits, he
was not alarmed. He detailed the car
rying home of Bushby by himself and
Priest. He denied that he locked the
door or drew the shades, but admitted
that it was done at some time in the
,eVening. though he did not know by
whom. He did not leave the vicinity
OF the Axonu house after Henry was
carried there until he had seen him
taken in.
ON discrimination. he admitted
that though Bushby had lain uncon-
sciouS an hour before he was carried
nome, he did not call q physician or
make any statement Of the case to the
constable when he came into the store.
He would not admit that he poured the
corn in the pail over Bushby. but
claimed that he accidentally unset ii.
He admitted that he Slipped down and
scraped the skin from his knee while
carrying Bushby, but did not think
Bushby or Priest came to the ground.
that took place on the sidewalk where
is was slippery. ana afterward they
went into the road.
Bert j. Priest, the other respondent.
testified that he was married and that
his age was -. That he was working
in the woolen mill on the 10th Of De
cember last, and previously he had
hDpn tho 10 lIrrif+aH IN
he went by the name Of Joseph Davis
in Lewiston, but said he was unable
to get work on account Of the publicity
of the affair. having been discharged.
Dec. u, from the mill at Vassa lboro.
and the change in his name was to
hold a position after he had obtained
one. He corrOborated the testimony of
the last witness. He denied injuring
Bushby in any manner whatever
Charles f. Shorey testified that he
went to MerrilfS barber shop on the
night in question about 730- Bushby
was there and got into the BARRIERS
chair. Noticed that he was coughing.
and he noticed that Merrill gave him
something to drink from a dipper |
Saw Bushby have the dipper a second
time. but didn't know what was in it. |
i'u9ips SUI VuN u tilt NIitiIi NtUL
and sat down in a chair by the stove |
Witness then left the place and knew |
no more about it.
DIR. Homer f. Benson of Newport. |
was called as an expert. and testified I
that meningitis might be caused by |
cold.
DrS. NJ :. Goodrich of Waterville, |
and VIM. f. Walker of Newport. also |
testified that meningitis might arise |
from a cold.
DIR. MenZies was recalled by the re- |
spondents and testified as TO the symp- !
toms of alcoholism and apoplexy. |
that they are very dissmlar |
The case Of Henry Bushby was not one
of alcoholism. he said. He also testi-
fled that Merrill came 10 his house.
Monday, Dec. II. and inquired whether
he had better 20 to see Bushby. and
witness advised him not 10 do so.
Drs Thayer and Giddings were re-
called by the government and testified
that they never knew. heard nor read
in the books of a case of meningitis
by n severe cold.
The testimony was concluded at 4i0 I
and court adjourned until morning
Whosoever Will Nav come