The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-05-04

aIt8T aWuAAas ~ sAAa uAas a1U uNteoH
now but ! told him that would In the
morning."
"Afbsr the quarrel and you had gone
out OF the force astls, do you 90 forward
after getting out OF the forsoastis!"
II staff d aft"
"Dd you know where Captain Baisisy
wasf"
ssNo."
"whers weuId ron have thought that
he was taking your sxperisnce 90 sea-
mani"
"Aft."
"During the soufls, you said, I'm let
50 isst.' What did you mean By that"
"That ia throw him overheard"
show was your temper theni"
"I was MD i"
"You followed the captain upi'
"Yes"
"Dld you say anythinsS"
81 might nave"
"whst did the captain aayf"
al don't have any idsa."
Maxwell sad that when he came up
With Capt BAisley the gcaptsin was 10
the miEzen rigging. Maxwell sid he
kicked at the captain but d.da't hit him.
Campbell put his hand on bis sho ulder
and asked him 10 stop lighting. Baisley
uisd 10 throw MAXWELL overheard.
Maxwell sad tast when Campbell
went forward be thought he htd gone for
. oapstan bar and FOLLOWED him. He
vent about nftssn feet and at thAt time
Campbell was forward the main m asst.
MIR. Dyer aaksd Maxwell why he stops d
following Campbsll. He said he heard
McIntire say the captain wasn't there,
He first knew the captain was overheard
when he heard the steward cay 90. he
dn't know whether he said "To h-l
with HIM. He's no geod," or not. He
wouldn't swear that he did say SO and he
wouldn't swear that he didn't.
Maxwell said his own face wasn't badly
out. though the skin was knocked on his
chesks. Both VI his eyes were blaoked.
On Saturday morning Maxwell said
he met Captain Baisiey and they went
In to place and had two drinks each.
De bad made no agreement to ship for
$40 month on the Vandussn either at
that time or any other.
This snde1 the GROSS examination. On
redirect Mr.. Antheine merely asked If
Maxwell had taken four drinks with
Campbell that Saturday morning and he
replied that he had.
MIR. A nthoine asked Maxwell II Cap
tain Baislsy had struck at him when In
the mizzen rigging. Maxwell replied no.
Ida you think Ca pt. Baisley intsnded
to throw you overboardP Maxwell said
yea.
"Did you know where Campbsii and
McIutirs wereS'
mo"
Maxwell further said that when the tug
left the vessel he didn't know he was
going to sea. He didn't ask to return In
the tug. I'VE have no further witnesses
for the defenss." said Mr.. Anthoine.
Mir. Dyer then began the introduction
of testimony In rebuttaL
Campbell was the first witness recalled.
He said that he had heard Maxwell talk
Ing to the captain, who offered hi m a
dollar day TO 90 to New York and
Maxwell said he would take Ss5 month.
Maxwell was slightly intoxicated at that
Referring to the timo that Campbell
ran forward from the mizzsn rigging to
get something to hit Maxwell with. Max
wall was q little inside tbs rail. He
didn't known whether Maxwell followed
him forward or not.
"Whose voice on that vessel fiIEt told
you that the captain was overheard p
asked MIR. Dyer.
81 thiAk it was MoIntire or the stew.
ard, F." said Campbell.
MoIntire, the SEAMAN, was recalled
by Mr.. Dyer. he testified that Maxwell
had agreed with the cap,sin to ahiT
for $50 a month, but refused 81 u day
to New York.
Chief Of Police Clark Of st. John wal
recalled. DE said he saw MAXWELL when
he arrested him. There was slight dis
celebration under his eye, but no othel
marks on his face.
On oross-examination Mr.. Clark said
he arrested MAXWELL between eleven
and twelve O'Clock on Monday, after the
ARRAY took place on Saturday night.
Mr.. Dyer ssidi "Hsre the government
retts.''
Mr. ADthoins sAid there was nothing
further in defense. Adjournment wal
accordingly tAksn until 2 O'Clock.
ARGUMENT FOR DEFENSE.
Mr.. william K. AuthoIns made the
closing argument for she defense. ID,
spoke in the first placs Of criminal juris
prudence In the Federal courts proven by
experience to be the finest known Il
modern civilization. He spoks Of ser
vices az Juror usually against man.
Inclination and business interests a. on,
of the great privileges and duties Of oiti
zsnship for which the members Of ths
panel practical. every day men Of the
world were we'll q ualined.
He said the Indictment charged thai
Elmer Maxwell did stab and wound
George BAisley with malice aforethough
and did commit murder upon which tins
defense comes In and admits that In self
defeDss Maxwell did cut Bailey. but DO