Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-07-23

ed sharply, admitted that he had never
paid these 50, but had always stood
ready to do so. He said that he had
never told man in an Ellsworth
boarding house that he could put his
hand on the murderer of Sarah Ware
inside of half an hour if he wanted to
do so. and that the murderer had pass
ed this boarding house twice while he
was talking with this man.
The rest of his examination was a
stout denial of the truth of Fogg's
testimony and the rest of the States
evidence against him in so far as it
conficted with his own testimony.
Nellie d. Rogers of Bangor. the
stenographer, wno( took the record at
the preliminary hearing of Treworgy
at Bucksport, was called to testify to
the conflicting stories told by Joseph
Fogg at that time and their variance
with his testimony at this trial.
John E. Bunker, Jr., who was county
attorney in 1898 and 1892 testified re-
garding Fogg's testimony at the pre-
liminary hearing. He said that FoSs
at the hearing had fixed the day that
he had helped Treworgy move Sarah
Wares body as Tuesday instead of
Thursday. The witness told of an in
terview he had had with Fogg and
others at Gems house the day that
Fogg retracted his story about Ire
worgy. He said that the retraction
was a voluntary one. He had advised
Fogg then to employ counsel, but
Fogg said that he had no use for law
yers and would not do so.
Mrs. Manley Gray, a sister-in-law of
Joe Fogg, said that she was at the
home OF the mother of the latter one
day in March, 1899, when her mother
in-law was getting an early dinner.
| She asked Joe what he was in such q
| hurry for his dinner for and he said
that he was going to Bangor on the
| Ware case. She asked him what he
knew about the Ware case and F'ogg
said that he did not know anything
about it. but that Tracey, Tapley ana
Hapgood kept after him all the time
| and if he could not get rid of them in
any other way he would lie and get out
! of it.
At this point there was recess and
| when the court came in again, Attor-
ney General Seiders called the atten-
| ton of the court to the fact that when
| Treworgy went past the jury box he
| had shaken hands with the six jurors
| in the front seat of the box. F. ".
| Robbins. an Ellsworth newspaper man.
| was called and testified that he had
! been witness to this. The attorney
| general said that he desired to call the
courts attention to this matter at this
| time rather than let the matter be
| brought out later. The court took no
| action in the matter beyond cautioning
| the jury not to do anything of this kind
| in the future.
| The defence rested its case and
| Nancy NJ. Clark was called in rebuttal.
| She testified that she went to TIRE
| worgy's house after dark on the night
| of Sept. Il with some money which
she owed him Oh q stove, the selling OF
stoves being Treworgy's business. She
| said that Treworgy was not at home.
| although he had testified that he had
| gone home early and gone to bed.
! SewaI Haywood denied that he ever Of
| fercd any inducement or made any
| threats to get Fogg to tell his story.
| Dennis Tracey. Bangor detective. tes-
titled to the same thing.
| Some witnesses had testified that FoSS
had said that Tracey had said he had q
| warrant in his pocket for Fogg's arrest
L
cey said that what ne really had told
| Fogg was that he had a paper in his
l pocket which would warrant his making
an arrest if he wanted to- meaning.so the
| witness claimed, his commission as de-
| tective.
L. t. Tapley denied that he ever threat
| ened Fogg
! Frank Ducott Bucksport iaborer. said
| that one day shortly before F'ogg made
| MS retraction. Seiectman S. l.. Hall had
met him on the street and asked him q
| accompany him to his Office. There Hall
said that he understood that the witness
i was telling people that he had seen Joe
| Fogg so into Halls office. Witness said
] that he told Hall he had made this state
/ nent because he had seen Fogg go into
| the office. Hall said to witness that ne
| rad seen nothing of the kind. Witness
l insisted that he had. Then Hall asked
| aim how much money it would cost for
he witness to forget that he had seen any
| such thing. Ducott said that he told
| Hall there was not enough money in
| 8ucksport to make him forget it or
| :hanse his opinion about it.
l Afterwards witness said that he had
| net Hall in Ellsworth. Hall asked him
what ne was doing there and after some
/ talk finally said that he had a good de-
l scription of the man who at the Miles
nouse the night Sarah Ware was muir
| Tered and it answered Ducott's descrip-
| lon to IT. I'm not 50 sure that Il
! wasn't you. said Hall. Witness replied
| that if the case ever got into court Hal.
would find out who that man was. Then
Hall told him it wouldn't benecessary for
| him to go into court if he did not want
| to, and Ducott said he should go intJ
| court if il pleased him to do so.
| On = cross-eXamination Mr.. Fellows
| asked Ducott but one question. and that
was IL he was not intoxicated when ~
went into Halls Office on the day he re-
| ierred to. Ducott said he was not.
James McGinnis testified that shortly
| after Fogg had told the story incriminat-
ing Treworgy, Hall had stated that Foss
would make a retraction of the story in
l side of "A hours.
| Joseph n. Fogg was recalled by the
| state and said in regard to the retraction
Of his first story that Hall came to his
| house one Sunday and left word for him
TO come down to his Office the next day.
Fogg said he did not go and on the fol-
Lowing day Han sent word for him to
come to his office or he would send an off
Ger after him. Fogg went 70 the Office
and when he got there Han said: You
know that that first story was lie
Ice and YOU had better change it now
fogS said that he wouldn't change it
md then Hall took down a big book and
cad to him the statute about perjury.
and said: Joe, If you so over to Els
worth and tell that story they will send
yon TO States prison for life
Fogg said he thought the matter over
Tor while and then said he would change
mis- story Fogg said that Hall told him If
ne made a retraction some money wonld
come 10 him from somewhere. he didn't
know where. and he advised Fogg not to
Try ana find out where ii came from,