Daily Kennebec journal., 1902-04-09

Josie, -Ail1S Josephine, alias Alice
! Huntington of Gardiner, against whom
four indictments We're returned at this
( term OF court for common nuisance,
| liCncr nuisance common seller and
drinking house and tippling shop, re-
| tracted her former plea of not guilty
and pleaded nolo cOntendere to the
common nuisance charge. Her counsel
was Will c. Atkins. The place alleged
in the Indictment is situated on Me
ClGnic street OF ''Nelvet avenue in Gar
diner. Deputy Sheriffs Martin Burns
J and Horace W. Hildreth and ex-City
| Marshal Charles NJ. Drake and Con
stable @. 5. Taylor Of Gardiner, testi-
/ fled that they had heard numerous COM
plants against the place. The prisoner
was sentenced to pay fine of 800 and
| cOStS'on the common nuisance case and
| the costs on the three other indict-
msnts. the indictments proper being
/ placed on file.
! At the afternoon session the case of
| Richard Fitzgerald. an armless youth
was brought up. He was charged with
malicious mischief, in breaking a pane
! of plate glass in building owned by
the Augusta Opera House Co. and oc-
I
Trust Co. Five indictments We're found
against Fitzgerald at this term for
| breaking five pancs Of glass on Water
/ street in Augusta. George q. Sheldon
Esd, of the firm of Sheldon & SaWtelle
appeared as counsel tor the respondent
Night Patrolmen George f. Fletcher
and William A. Ward testified that
| Fitzgerald was arrested in the door
way OF the Opera house on suspicion
| OF, breaking the glass in the Trust Cos
| window. 1t was about > o'clock on the
morning Of Feb. y.
( kervin Il. Hanks, deputy marshal of
| Augusta. testified that he saw FitZ-
gerald on the morning after the arrest
| County Attorney Leigh then asked
| this question: Did Fitzgerald make
| any voluntary statcment?"
At this point Attorney Sheldon OBJ
jected and asked that the jury be or
dcred to retire to its room. Judge Hall
declined to order the jury to leave their
seats
| Deputy Hanks was then examined bv
| Counsel sheldon.
! Did you speak first?'
Yes, sir
What did you say to Fitzgerald. AMI
when?'
when | was taking the young man to
jail on charge of drunkenness | said to
him, How could you thing Of doing
| such thing"
Didn't you tell him that there was evil
dence against him?"
mo, sir
Didn't you tell the boy that he would
| be convicted if the case went to court"
mo, SIR
| You had Fitzgerald on a capias and
was taking him to jail on a charge OF
| drunkenness. We're you not?''
Yes, sir
| You did not confront him with the
crime, did your
| mo, sir
Counsel Sheldon claimed that Deputy
Hanks testimony was not admissible, on
| the ground that the man was not con-
| fronted with the crime. His Honor re-
| fused to allow the objection.
County Attorney Leigh then examined
| Deputy Hanks.
Tell what Fitzgerald told you"
Fitzgerald told me that he kicked out
| the glass and that if the officers did not
catch him as they did he would kick out
every pane on Water street.
| Did he tell you why he did it?H
| He said he wanted to do time
| Antonio Gonnella testified that Fitzser-
| aid entered the night lunch room run by
| his brother, where the witness is en-
| ployed, saying that he had broken WIN
| dowS at the north end of Water street
| because he wanted to be put in some
place where he could do time. Fitzger-
! aid showed witness a broken window a
Dostie's store. saying that he broke it.
| Henry NJ. Breen, city marshal. testified
! that Fitzgerald made a voluntary state
| ment to him that he broke the panes of
| glass because he wanted to get plenty of
1 time and that he smashed the of
| the Augusta Trust Company because he
| wanted to do time. He said that he
| hadn't had a square meal for some time.
| was not capable of caring for himself
| and wanted to be placed where someone
| would attend to him.
On cross-examination. witness testified
| that he did not tell Fitzgerald that there
| was enough evidence against him for
| conviction.
| Anson NJ. Goddard. recorder of the Au-
| gusta municipal court. testified that Fitz-
| fenced to Jail for drunkenness. FitZger-
! aid said he wanted Is or 20 years and in
tended to commit crime until he received
| that amount of sentences. No induce
ments whatever were held out to him.
After a brief opening by Attorney Shell
| don, the respondent. Richard Fitzgerald,
| 10 years old, took the stand.
| He denied that he broke the pane in the
| Opera house block but admitted that in
| company with two other boys. whose
names he would not reveal he did smash
| lie testified that City Marshal Breen
did not specifically ask him if he broke
| the Opera house glass but inquired in a
| general way as to the breaks. and that
| he never told officers or anyone else th1t
| he was to continue committing crimes.
| He also stated that he did not care what
penalty was meted out to him.
Judge Hall cautioned the jury about
discussing the case, after which court ad-
iourned until $50 o'clock, Wednesday
morning.
Lung Kuro never falls to relieve Asthma.