Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-04-20
SUPERIOR COURT.
The April, 1899 Term. Hon. 0. G. Hall
Presiding.

GEO. w. HEsELToN. County Attorney.
w. ). CHoATE, Clerk.
A. l.. MCFADDEN, Sheriff
Il. "A. SMALL, Stenographer.
Augusta. April 10.
The case of State VS.. Merrill and
Priest for manslaughter was resumed
this morning, at $50
L. Nj. Williams, Wilbur F. Lewis and
Charles Goodson. witnesses for the
government, have been excluded from
the court room during the trial. by re-
quest of the county attorney. They
are some of those who were present in
the barber shop on the night of the in
jures received by Bushby.
Bell NJ Mills was the first witness
called. this morning, and she testified
10 being present with the witness
Simpson at Citizens hall, on the night
of Dec. 10, and walking with him past
the Axiom house. and that as they We're
in the road near the church they met
and passed parties who We're on the
sidewalk who were moving faster than
a rapid walk that she and her COM
panion passed the AXon house about
four rods and then retraced their
steps and their attention was called
to Mrs. Axiom at the door Of her house
with lantern. and Henry Bushby ly-
ing upon his back on the door step.
The witness entered the house after
Bushby was carried in and saw his APP
pearance which she described.
Mrs. Joanna Bessey, a near neighbor
of the AXons. testified that she Went
to the Axon house ana saw Bushby,
Ii. iAI h.
house. and she also testified to his ap-
pearance-
eDr. w. p. Giddings testified that he
made tn" autopsy upon the body Of
Henry Bushby ANA he testified in detail
what he found. The wounds on the
back Of the head just back Of the ears
he found to have advanced in putre-
faction ST. that the bone of the skull
had begun to he hOneycomhed. The
organs, of the body We're found to he
in a healthy condition, but in the left
lung there was pus caused by absOrp-
toIY from the wounds. Death was
caused by meningitis. or Inflammation
Of the coverings Of the brain. which
had produced pus, not only in the GOV
erings. but in the brain itself. Not
trace of the cause of this Inflammation
was found except in the wounds on the
body.
John L. Bessey testified that about II
O'Clock on Saturday night, Dec. 10, ne
met Charles Goodson and WILDER Lewis
going north from the church and
toward the mill. and soon after he went
to AXons house and saw Bushby. The
next day he assisted in removing his
clothing There was corn between his
outer and inner shirts, and quite a lot
of it between his inner shirt and his
body. on the back.
Johnston Birthstone testified that he
assisted in removing the clothing from
Bushby and found about pint of corn
beneath his shirts. the most of il next
10 his body.
Joseph VI. Gilcott testified that on
Sunday, Dec. IL, he picked up in the
road. perhaps so feet from the church,
a nickel-plated watch with the ring on
the stem 10 which the chain is attached
torn out (The watch was producedD
Mrs. AXon was recalled and identified
the watch as her brothers. She also
produced a pair of shoes of her broth
er's which were taken from his feet,
! she stated. after he was injured. tThe
right side Of the heel of each shoe
! showed fine scratches, as though they
! had been dragged over some hard sub
| stance) The witness testified that 1t
| was her brothers habit to put these
shoes on every night when he went
down town. and that she was in the
habit Of putting them away the next
day and that when he put them on
this Saturday night they had no
scratches upon them.
Homer Hartshorn testified that on
the 10th of December he had been saw
ing wood for John Merrill. one of the
respondents Got through saving for
him about o'clock and went into
! Merrill's barber shop. Bert Priest.
| Charles Goodson, WILDER Lewis and
Merrill were there. Went out for
minute, and when | came back Henry
Bushby was just getting into the char
TO be shaved. Bushby coughed little
and Merrill laughed little and says:
TT is a bad cough you have got. !
have got some medicine here | am TAX
ing for my cough, and you had better
take 4 little" and he gave him some
thing in a dipper which he got on ms
bench. and it looked something ike
what | sometimes drink. called spit.
tIf was in pint dipper ana ne TOOK IL
Iron pint bottle. He gave il 70 Hen
nv and he drank it. Thlnk
he gave him two drinks in the
same way. I,rassed out and Went INTO
| Mike Herberts and got 4 pail OF corn
and some soap and looked round lol
n team to get ride home; could NOT
s.a one and went back into Merrili
ana set the pail uf corn down behlhu
the counter. Bushby had got out OF
the chair and sat down on a chalr pach
Of the stove Think Merrill gave MN
more limlor after that in the same dlp-
nar Think Priest said not to give nm
any more. | remember | said to Mer-
riI. He has had enough. ber'
Priest says: ''Of course ne mas. 1ou
NAV kill the man" He had used more
than there was in the first bottle
Merrill had been out and there was
more liquor there. | noticed 1t was
there when he came in. and he reduced
il Rushby was still on the ehalr pc
hind the stove. After a while the dooi
was closed and the shades draw
Merrill says: "This is my last nish'
In town and | will sit down ana give
the boys smoke" l did not notlct
who snapped the lock of the door, pu'