Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-03-19
Jury Selected and District Attorney
Peter; Ctt.ine3 is Case.
iilHy Witnesses ST mnOned ard Trial Will
Last 4 e \ or More.


The selection Of the jury cnd the
reading OF the Indictment occupied the
morning session of this. the first day
o. the trial, while the balance of the
day was consumed in q long opening
argument by District Attorney Peters.
covering the governments theory Of
the murder. and the testimony. late
this afternoon. of four witness IS felat-
ing principally to the finding Of Bal
lcy's dismembered body ii Floatin"
Bridge pond
1t is expected that the trial will CON
sumo a week or more. as a large num-
ber of witnesses have been ca He'd. AS
outlined BY the district attorney the
government bases its case on the the
orr that Best killed Bailey with a shot
f: ON Winchester rifle. and after cut
ting up the body placed different parts
Of the body in grain bags and sunk
them in the pond.
Best came I'D from tho jail IL
| charge of Deputy Shcrins Crowley
and Bishop in a closed carriage and on
tered the court room at $50 He was
dressed in a dark suit cf clothes. face
clearly shaven and he appeared cool ana
at his case. The cCIrt room was crowd
ed
Atty Gen. Knowiton opened the pro-
ceedings ~ addressing the court with the
usual request that sentence BE- imposed
at the termination Of the trial. etc.
James II. Sisk Of Lynn. counsel for Best.
claimed that the statute had not been
complied with, on account OF the incquaI-
ity IN the number Of jurors from the dif-
lercnt cities and towns Newturyport. he
said. had four jurymen, and LINN had
four. although there was a great differ
ence in the sizes of the cities. lie moved
that q new list be drawn His motion
was ~ 7rrnled ana exceptions w-r4 taken
Al l3-aJ o'clock the las; iI!ror was 81
cured after SO had been examined. Best
challenged Il Of them, the government
challenged Il and % Were excused for one
| reason Gr another. The names Of the
jurors are as follows.
Edward nodgkins GIoIcc-ter clerk
| Fred \. French. Danvers. trader los. 4
" lIkih@: salem. retired tanner: John A.
| am. Amcsbury. carriage body maker.
| charles W. Pickett, Beverly. Grocer,
James +. IraSk. Salem. rorfcr: John ]
McGrath. Salem. provision dealer: Fred
NJ 1I hbhE, Nm, sbury, carIenter; Thomas
:; hunter, NrWburypurt, foreman: ,ChaE
| ". MTarS ESSEX. farmer: Edward !.
Morrich, Lawrence. carpenter. Warren
| \. feliett Gloucester. coal dea.er.
| court resumed its session at > N Tho
court appointed John Lane Of Anesburv
| foreman n the jury Clerk Of Courts
| 'rcorse read the Indictments to the pris-
uner, vino stood in the dock with Nj
| hands behind him, perfectly calm.
| District Attorney Peters then opcne1
| Inc cas-" for the government. He hricfi,
reviewed the story of the crime ana s1iJ
| that the government was prepared IL
snow that Best shot Bailey VIII nrempd-
lHlti"il ana with ma.tce afJruthCught. He
| sad the government regarded the fn,Iirt-
| m"nt which charged shooting with n enn
| as the principal one and would rciy upon
| III evidence according to that ind ctinent
! Mr.. Peters said thar the government did
| IluI regard the two latter counts as Of
much Importance. rs ii proposed IL show
that the deed was committed with the
rifle. There was no claim that thrr4 w1s
any extreme atrocity in the commission
| of the crime. hut that ii was nv amply
proven fermentation and malice aforr-
thought that the government relied for Il
Ftrdlct OF murder in the first degree
Inc attorney then addres sed himself 10
what ne termed the facts in the case.
James II. Sisk. counsel for the accused
asked the court to inform the jury that
the district attorneys statement was
merely the claim Of the government ana
that il was not evidence or facts The
court 50 cautioned the jury
Daring the opening address of the dis
trict attorney. l!'St sat in the dock. lis
tcning intentiy, but showing no signs of
agitation. From time to time he sent for
his counsel ana Converscd animatedIy
with them in whispers.
ne llrSt witness Tor the government
was James w. English. who found thu
body In the pond He told the story prac-
tcallY as has been related many times
Fred J.. Terrence, who was with English.
corroboratcd the former tness DlnicI
r. Flynn, Lynn Police officer who war
called hy English ana Terrence told Of
caring for the body. Thomas T.. Mckin-
ncy. another Lynn police Officer. told Of
dragging the pond ana finding other por-
tons of the body.
At this Point court adjourned until ,
N. -
man announcing that tomorrow forenoon
would he spent in viewing all the prem
iSe; having any ConncC ion with the case
He told the jurors to be Vory careful of
their health. and informed them that If
they wanted to read the daily papers the
reports of this ease must he cut ont ~
the sheets. Books and cigars they could
Continued on cage %