Daily Kennebec journal., 1899-06-14
CHARGED WITH ARSON.
Mrs. HartweII Lyon Arrested on Com
plant Of Harvey Leavitt.
At the Hearing No Evidence Was Found
Against Mrs. Lyon.

an arson case was tried. Tuesday
morning. The respondent in the case
was Mrs. Hartwell Lyon, who was
accused by Harvey Leavitt of setting
hre TO barn situated on the Leavitt
road in the eastern part of Augusta.
The hearing was an odd one, and as
the complainant did not bring forth n
particle of evidence against the ac-
cused, Judge Andrews dismissed the
case and discharged the respondent.
The barn in question was the one
situated on the Leavitt road, about
three miles from Augusta 1t was the
property of the Daniel Cony estate. and
was burned on the night of October 4,
of last year. At the time of the burn
ing there was about Il tons of hav in
the barn, 13 of which was the property
OF Harvey Leavitt. and four the prom
erty of Mrs. Frederick Cony. The barn
was hired by Mr.. Leavitt. who had
bargained for its purchase though no
trade had been made. There was no
insurance on the building.
Harvey Leavitt, the complainant,
testified that he was sick on the night
of the fire, ana was in bed when at s. so
o'clock. the husband of the respondent
came running to his house and said
the barn which was situated quite a
distance from his house, was on fire.
sent his son.
On the cross examination he said he
had been in the barn that forenoon
and hauled away about 100 pounds Of
hay. He said that he did not go near
the scene of the burned barn until
after the snow was off the ground this
spring, and then he began to investi-
gate. He admitted that he had sent
officers to Winslow to see one Mrs.
Sarah McClintock. about the matter,
but he said he did so from the desire to
learn who set the fire. and did not ac-
cuse Mrs. McClintock. This Mrs. Nc
Clintock. he said, was a woman who
had lived with his stepmother, Mrs.
Electa Leavitt, with whom he had
trouble, last September.
He admitted that his son had re-
Gently had trouble with the father Of
Mrs. Lyon, John Ellis, and thai
the son had been arrested charged with
stealing a calf, but that had been set
tied. He denied having said he should
prosecute Mrs Lyon on account of the
trouble with her father.
Mrs Leavitt added light upon the
subject by explaining that the trouble
with Mr.. Leavitt's stepmother was on
account of a trespass case that she
stepmother, as the latters cattle had
entered Mr.. Leavitt's garden and had
eaten up all the green stuff. She ad-
mitted that she had often said if it had
not been for the case, the barn would
not have Dt-Fll Jul llNhs anu siie e'i'''
admitted that Mr.. Leavitt had agreed
with her. Here she caused ripple Of
amusement throughout the court room
BY her assertion Of her rights.
That's what | believe, and | don't
know as there is any law against it, ;"
she exclaimed to Lawyer Goddard,
who was conducting the defense
This is a free country and | shall be
lieve whatever | choose"
1t was upon Mr.. and Mrs. W. H.
Stickney that Mr.. Leavitt probably
depended for some Of his aid in the
prosecution. but it failed. Mr.. Stick
new knew only that Mrs. Lyon called
NJ his house one day after the fire, ana
asked in the course of the conversa-
tion if the barn was insured. MIS-
Stickney corroborated the statement
and when asked by Mr.. LeaVltt II
Mrs. Lyon did not say. IF LeaNitt
builds a house where the barn was II
will go the same as the barn. aDso-
utelv denied ever having heard any
thing of the sort. She said, thouSh'
that she had heard Leavitt say he
sbould build house there, and should
place dog and a boy there ana Wouio
500 if if would be burned then.
This closed the case for the prosecu-
tim Practically it closed the entire
case for Mr.. Goddard arose and ad-
dressing the judge said: Your honor'
do not think it will seem necessary
70 van 70 continue this case farther
and take up more time. The complain
All has thus far failed to show a single
trace of anything wherein Mrs. Lyon
Is suiltv Of the crime, and | shall move
nat the case be dismissed with the
oomnlainant paying the cost OF the
court II is evident that the case was
hr,ugbt out of pure malice, and with
an iaaa of revenge on account OF the
arrast Of the complainants boys fof
stealing calf.
The iudge summarily dismissed the