Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-09-24
10 JURY, TODAY
Will Go MansIaughter Cases of
Payson and McCIench.
Defence Shows That Farnham Had
Previously Drank Liquor.
Expected That Jury Will Take Case Middle oi
Tuesday Al crnoon.

.. G.. HALL. Judge
w. s. CHOATE, Clerk
\. l.. McFADDEN, Sheriff
THOMAS LEIGH. County Attorney
FRED w. LEE, Stenographer
Inc government in the cases Of
FRANK a. McClench and Charles I.
Payson of Hallowell charged viii
manslaughter. closed its evidence a,
30 O'Clock Monday afternoon. Several
witnesses were called by the defence
Il is expected that all the evidence will
be presented before 10 o'clock this fore
noon. when Counsel Baker viii make
the closing argument in behalf of the
respondents. 1t is thought that the
case viii be given to the jury som.
time Tuesday afternoon.
At the opening of court Monday
morning. Miss Mary E. Gordon of
Windsor. was called as the first wit
ness. She testified that she was a
school-teacher. Had known Farnham
for several years. He had been one
of her pupils. Farnham had no men,
tai power of comprehension he was
behind the other pupils of his age in
rank.
Fred Donnell of Windsor testified
that he formerly taught school. Had
known Frederick Farnham hive o.
six years. Faruham attended the
school conducted by witness in the
Winter of 96-91. Farnham was a dull
student.
James F. Ashford. first selectman of
Windsor, testified that Farnham had
'slouchy" appearance.
Henry ID. Cooper of Augusta was
the next witness. Formerly conducted
store at Windsor. Knew Farnham
for some years. Farnham would play
with children four or five years Of age.
Peter S Snider of South Windsor.
was called. Knew Farnham. Farm
ham showed signs of mental in
capacity.
Dana d. Drake of Windsor, testified
that Farnham would play with boys
about five years old. Was at Dougee's
when Farnham drank cider. Went to
school with Farnham. who was q dull
scholar.
ON cross examination witness testi-
fed that there was no wager between
Farnham and Raymond Mcclure as
to who could drink the greater quanti-
ty of cider Saw Farnham drink two
John Dougee's. Never saw Farnham
drink hard cider more than two or
three times.
On redirect. witness testified that he
never saw Farnham drink any intoXi-
eating liquor.
James 5. Wingate was the next wit
ness. Resident of South Windsor and
knew Farnham five OF six years. The
testimony of the witness was immatcr-
ial.
James II. Doyle, a member Of the
NVhitefield board of selectmen, testi-
fed that Farnham was at one time
employed by the witness. Never had
any conversation with Farnham as re
CARDS his mental capacity.
Fred \. Purinton of Bcdwell was
called. Witness went into tire NJ
CIench saloon on the evening in ques-
ton. McClench was behind the bar
Payson and Farnham We're there
drinking ale when witness entered.
Pays0n paid for the drinks. Farm
ham SGT down. In about five minutes
Paysoa invited Farnham to im5ibe in
tins language: Come up and have
drink" They went up to the bar and
Payson ordered whisky. Farnham
poured out the drinks, Payson pay
ing. Three or four minutes later Pay
son asked Farnham to have another
drink Payson called for gin. Farm
ham poured out the drinks and Pay
son paid. Farnham showed no signs
OF intoxicatIon. Payson acted as If
he hrd been drinking. Left the saloon
and walked up Academy street with
Bert Rowe Heard Payson say in the
saloon: I'm going to fill him up.
Witness did not drink anything on the
evening in question. Never knew
Farnham or Payson. Payson placed
his hand on Farnham's shoulder when
he asked him (Farnham) to drink.
Saw Farnham and Payson drink one
ale. on whisky and two gins. Farm
ham said. Wait awhile at one invita-
ton to drink by Payson.
on cross-exa mination witness testi-
fed that Payson did nothing to induce
rarpham to drink beyond extending
an invitation. Farnham did not make
the slightest objection to drinking. On
two coca sions Farnham poured OUT the
drinks for himself and Payson, regu-
| latins them. No word was spoken by
lanvore in til" saloon when Payson and
| Farnham drank at one swallow. NO
attempt was made to influence
| Farnha m in the manner in when ne
| should take the drinks. Payscn pam
| ~ showed signs of intoHlcatlon ~ hls
| gait and speech. Heard Paysoh SAID
| that he could not stand as many Oh INKS
| as Farnham. McClench did not invite
| Farrham to drink.
! At the afternoon session OF the coui. t.
Will H. Johnson. proprietor u ne
State Street Pharmacy. testlfled tha'
, he had measured one of the glasses
! out of which Farnham was supposed
I TO have drunk and found that it held
2is ounces.
The government rested at this point
Attorney Goddard opened for the ue-
fence. occupying about 10 minutes. he
argued that the State had not proven
beyond a reasonable doubt that the
respondents were guilty and that they
were presumed to be innocent uhth
proven guilty; that McCiencn SOFA
liolIor in violation of the law put ne
was not on trial at this time for any
;nfraction of the prohibitory law out
,or r,apSIauyhter: that the case OF the