Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-02-11
A CHILD WITNESS.
Continued from page ~

~ Do Nou hiloW tiidt IL 10 W '~'
boys to tell wrong stories? A. Yes,
sir.
Q. What is done to boys who tell
wrong stories? A. God Furnishes them.
q. Does anybody else punish them?
A. No; nobody but God.
q. How old are you, Freddie? A. Four
years old last November.
Attorney Yeaton protested against
the child being allowed to TESTIFY. He
said that the first test was intelligence
in such n case; the second moral re-
sponsibiity In this case nothing need
be said of the child's idea of punish
ment by God. That the child showed
instruction along special lines was too
apparent to be denied. That the child
did not have the intelligence to testify
in such an important case was too APP
parent to be required. Unable to read
large letters, unable to tell time. unable
10 tell how many days he had been in
court, he asked the judge to consider
that at the time the crime was COM
mitted he was but 49, years old, his
intelligence but just budding.
He challenged the attorney general
TO show in all the history of jurispru-
dence a parallel to this request that
child of such years should be allowed
TO part its lips before the jury. This
child was a mere infant with his sim
pie prattle about his watch at home.
is this the degree of intelligence
that the supreme court requires? /
trust not" concluded Mr.. Ytaton.
Mr.. Seiders in reply argued hat age
was not essential to such intelligence
as was required in this case. He re-
ferred to the brightness shown by the
boy when questioned about time and
school and letters. AS far as the lapse
Of time since the murder, there was
nothing 50 near to child as its moth
er. doubly 50 in this case where the
child had no father to look after him.
one year had not made him forgetful.
Il am satisfied that the child mas
sufficient intelligence to testify" was
Judge Powers decision.
Then the matter of instructing the
child in the nature of an oath and in
testimony was left to Clerk of Courts
E,mmonS.
Edwin II. Knight sat facing the boy
as he testified. AT times he smiled but
at others he drew his hand across his
brow. and once wiped it with his hand
not at all warm.
The little fellow held up his right
hand and nodded when the oath was
administered. He testified as follows:
q. What is your name? \. Freddy
Sprague.
.. Your mothers name? A. Fannie
Sprague.
Q. Where did you see her last? \.
At Mr. Locke's.
Q. What was she doing? A. Wash
ing the floor.
q. Who came to the house, if any
body. while your mother was washing
the floor? A. Ed Knight
Q. Did Ed Knight say anything to
mama? a. When l was gone he told
mama.
Q. Where We're you when you saw
your mother last? 4. Ed Knight.
.. Where We're you? a. | was there
too.
q. Who came back with her? a. H,
did. | came back to George Warren'S
to get some butter.
q. When did you see your mama
last? A. | saw her down to her house
with Ed Knight.
Q. When she was at the barn who
was with her? A. o. she went in first
and he went in because the barn door
was not big enough; the barn door was
nailed on the little door
.. Who went into the barn wher
your mother did?
Mr. Yeaton-Mathews, don't forget
you are not at a coroner's inquest
Mr. MatheWs-Who did YOU see &c
into the barn with your mother: A. Ed
Knight. He opened the other barn
door; then the two could get in the
other door.
.. Where We're you when you saw
your mother and Ed Knight go into
the barn? a. l was up to George War
ren's house getting butter
@ Who sent you after the butter
y. Well | guess they did.
Q. Who did? A. Ed Knight or Fan
ME.
The croSS-eXaminatiOn of the witness
revealed nothing further than he had
tStlfled to in his direct examination
This afternoon Freddie was again up.
on the stand and testified that he men.
toned Mr.. Knights name at the coron
ers inquest. The State rested its CASE
here.