Daily Kennebec journal., 1901-07-08
FOR GRAND JURY.
T. A. McClench and C. |. Paw
son Held in $4,000
For September Grand Jury, for Death
Of Late Fred Faraham.
The Heafiag Concluded. Saturday Afternoon.
The hsaf'sg Concluded. Saturday Afternoon
6Ota Men Furnish Bonds.

body Cf Fre5el iok Farnham alone and
! uncarcd for, in n field on Middle street
ana the subsequent scenes which have
| held the attention of the people
| throughout the week-the inouest. the
verdict Of the coroner's jury. resulting
as II did in the arrest OF two of their
| fellow citizens on the charge of man
| slaughter, is over, ana the curtain wac
iun2 down soon after the noon hour
| today, with the closing words of judge
! Stafford. at the preliminary hearing.
| that from the evidence which had been
, introduced. he should hold Frank A.
| McClench and Charles l.. Payson in
the sum Of $1,000 each. for their appear
anCe at the September term of the su
.pcrior court.
l'ut this is only the conclusion Of the
first act. When, in September, the
| curtain rises on the second. there viii
be a change of scene. The same prin-
! Cipals Will be there. and many of the
same witnesses. but it will be before a
higher tribunal that they will appear.
and the question then will be. will they
be allowed to go free. or will they be
! required To pay the penalty of the
| titult' vi WHICH tn.1N Stanu accused.
AS was said by Mr. Goddard. in his
closing argument before Judge Stafford,
it is a novel case. Its parallel would
| scarcely be found in a hundred years.
| There have been cases in which there
was similarity of some details. but il
is doubtful if there is one on record
which is Identical or nearly identical.
| with the one in question.
1t is not claimed by the State that
| there was the remotest desire on the
part of either of the respondents to
| cause the death of F'arnham-that
| would be murier-but ii is claimed
that Chas. l.. Payson, in buying the
liquor and urging Farnham to drink it.
| with the expressed intention Of "hlling
him up and Frank A. McClcnch. who
| served tho liquor which Payson bought.
are jointly responsible in causing the
death Of the man Farnham. and in con
sequence thereof introduced the plea
that the two be held to await the ac-
ton of the grand jury at the Septem-
Der term of court.
The closing session of the hearing.
| Saturday forenoon, was devoted Ia the
| examination Of witnesses who had not
| been heard on the previous day. The
| bulk of the evidence submitted refer
red to the drinking that went on in
| McClench's saloon on the night of July
/, although some of it dwelt upon what
| tranSpired during the interval between
the hour when the crowd was turned
out of MCClench'S saloon, that he
might close up for the night. and the
time when Farnham was fOunl. para
lyzed with drink. on Middle street.
The first witness called was Nathan
L. Niles of Hallowell, painter and
paper hanger. Witness was awakened.
| Monday night. sometime between 10
o'clock and 1890. by commotion on
Academy street. Heard outcry. and
listened to see whether il was boys or
| trouble: concluded that it was the lat
ter. Got no at once ana looked out.
heard hallowing, and went to the front
door.
Saw man going up Academy street,
on the sidewalk. Heard hallowing
down by factory: heard man say:
| C d you. you s. of 4 b.
Man cam ~ through Second street,
making sa.n Kind of talk. Heard him
say: You ',H.l run. you s. Of a
b. C. d you, I'll kill you if
catch you"
Man making talk was small. and in
shirt sleeves. Witness could not iden-
tify him. Was in road; two or three
other men We're on sidewalk; one of
them said to the man in the road:
Hold on. Charlie. | wouldn't go
up any further" Heard some one say:
Hold on, Russ" COR Ross.
Men went up across the railroad
track: heard them beyond the track.
and thought they were scufIlng. After
that the voices grew more distinct.
: and then grew fainter. and witness
thought the men went south on the
railroad track.
Heard Milo McClcnch's name men
toned. Some one said: Lets go
down to Milo's and get drink" Was
not positive about time, bat was posi-
tive of hearing swearing. Witness
home is five rods from Academy
street.
Cross-examined, witness could not
say whether outcry awakened him or
not gauged time by train; train ar
rived abouthalf an hour after the out
cry: not acquainted with Farnham:
knew Payson-knew him ever since he
had been in Hallowell.
Could not say if Payson or McClench
were in the crowd: had always known
McClench; saw the first man for about
one rod, when he crossed Second street;
stumbled when he went onto the side
walk; the others were perhaps II rods
behind; thought there were three in
the crowd.
Thought man in the road was drunk
by his talk: heard no violent talk by
!. anyone but the man in the road;
thought they went up as far as the
/! BAPTIST church: was about to go in the
n house when they came back to the
!: track; this was after the scuffie; heard
y remarks about going to MilO's after the
scuffle.
J. ]. d. Nutting, Jr.. took the stand.
Age, 26; lives at corner of Academy