The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-01-30
Hearing on StanaiSh Shooting in
Municipal Court.
Respondent Able to
Secure Bonds.
Eye Witnesses Of the Affair
Testify.

Yesterday M orning the csse of William
W. Elwell OF Buxton, charged with the
killing of James 4. Adams at Standish,
on the evening of the nth OF December,
Epame before Judge Hill. In the Municipal
court. for preliminary hearing. The
county attorney, George Libby, ESQ.,. CON-
Quoted the case for tho state and Carroll
w. Morrill,. ESQ, appeared for the defense.
In the court room were all tho mon who
were In the HOUSE al the time the shoot
ing took place, as we'll as the doctors who
made the examination OF thu body on the
evening of the tragedy and the following
morning. At the conclusion Of the hear
ing EIwen was bound over to the grand
Jury In the sum of two thousand dollars
on the charge Of mansiaughter.
County Attorney Libby opened the case
for the government by brief statement
Of what he expected, to prove by the wit
nessss summoned by the government. He
said that the charge Ia manslaughter and
he then spoke of what constitutes that
crime. When q raan kills another In the
heat of passion. but without malice afore-
thought that Is manslau yhter. He gave
affair, not differing much from the 90
counts already published. When the gun
WAS discharged by Elwen and when
Adams fell to the door, the other men
left tho room Without trying to find out
how badly Adams was hurt. Reuben
| Emery went for n doctor and Elwell went
home. MIR. Libby said the government
| cllimei that 1t was only necessary to
prove that the shooting took place. with
the gun in the hands OF Elwell and then
II the defense Is to be that the shooting
was accidental. the burden falls on the
defense to prove IL by at least prepond-
erence Of evidence.
The first witness was Civil Engineer
Foster of westbrook. who produced plan
Of the kitchen where the shooting took
place. lie had made accurate measure
nents OF the position of the stove on
which Adams was resting his feet and
the chair In which he sat when the shoot
ing took place. He had also noted the
places where the charge Of shot struck
the walls. table and door, and had
measured the height of the dead man and
the height of Elwell.
William Cousens was then called. he
was In the room when the shooting 90
Cured. He was coming cut Of the woods
that afternoon when he met Elwell and
rode with him up to Reuben kmery's
house.. Reuben Emery and James 1.
Adams were there also. The four men
sat there in the kitchen during the eve
ming. They were jok ing and talking
| Adams
joked Elwell about his hired girl and k J.
well got up, walking to the store and
taking of the cover for the purpose of
splitting. Elwell did not say any thing
but went around behind Adams ana took
shot gun from the corner. He brought
the gun around go that the muzzle was
within a foot or two OF Adams's shoulder.
| In moment there was an explosion and
Adams foil to the floor. Right here the
witness denied that he saw how Elwell
| held the gun; had no clear Idea Of what
| the two men were doing; said that WHEN
Adams fell to the floor no one said any
thing: no one lifted him up to see how
badly he was hurt. Elwell made no re-
mark whatever; Emery went out to the
barn to harness the horse to 20 for doc
tor; Cousens went to the barn with
Emery but neither said anything; Elwell
went home In about nveminutes, but did
not gay anything; later In the evening
Cousens went over to Buxton with
Emery; but on the way back when they
haa Elwell with them not a word was
said about the shooting; Elwen was told
that they wanted him over at the house
but he did not ask what they wanted.
1he witness was cross-examinsd at con-
siderable length but be did not add any
thing to his direct testimony.
DIR. w. S. Thompson was the next wit
mesa. He was called to the house that
night and found the manldead. He made
a casual examination OF the body next
morning. He found that the left side of
the face was badly burned. showing that
the charge had entered on that side. The
charge made clean round hole on that
side but on the other the wound was
jagged and torn, being also larger and
lower down. He thought the gun was
not over six inches from Adams's face
when 1t was discharged.
DIR. Buzzell corroborated DIR. Thomp-
sons testimony In every particular,
Mr. foster, the OWL engineer, WAS rs-
called. He said that the largest part of
the shot struck the table one foot and
nine inches from the floor and that
straight line drawn from the place
through where Adams's head must have
hesn would indicate that the muzzls of
the gun Was four feet and nine inches
from the door. the height of Elwell Is
five fest and ten inches. From the center
Of his shoulders to the floor 1t would be
about five feet.
At this point this county attorney an