Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-26
TAR AND FEATHERS,
Plymouth, Mass, Case Being
Aired in the Court.
Seven Defendants Answer When
Called, but Two Are Missing.
Potter Begins to Tell His story-stiII
on Stand.

and feathers" case which, last August,
attracted attention to the little town
of Marion. came to trial in the criminal
session of the superior court here, Mon
day. A larger crowd never had assem-
bled at this court house for trial
than was present when the case was
called. The interest in the proceedings
| has been widespread, chiefly because
| the victim Of the alleged outrage turn
ed to law for redress upon the citizens
| of the town, a number of whom are
charged with having entered. while
masked. a private house and taken
| therefrOm by force, an individual to
whom they applied a coat of tar and
feathers. 1t is said to be the first case
of its kind in the records of the state.
The court was not scheduled to come
| in until 1890 A. NJ, and at that hour
| there was other business taken up be-.
fore the way would be clear for the
Marion case. Nevertheless those who
wished to attend the trial began to as
semble around the court house by $50
o'clock.
The complainant. James Mcdonald.
and his lawyer and witnesses were on
! hand early but were not far ahead of
the defendants, Jos. Silva, Owen F.
| Bumpus, Older Andrews, Noble f.
Estes. Andrew Fl. Clifford, Hector ID.
| Mcleod and VIM. Potter, seven prom
inent residents of the town of Marion
and those connected with their side of
the case.
The defendants pleaded not guilty
and the hearing of evidence was set
for p. NJ.
The case came to the superior court
from the district court in which the
| defendants were bound over on the
| charge of "riotous assembling for the
| disturbance of the peace and assault
ing and ill-treating James Mcdonald
and Clara F. Potter, wife of Charles
Potter.
The cause of the alleged assault was
| said to have been the presence of Nc
Donald in the Potter house in spite of
Mr.. Potters objections, which ulti-
| lnately came to a climax in Mr.. Pot
ter's withdrawal accompanied by his
children. Mcdonald and Mrs. Potter
thus left in each others company, it
is claimed. became the objects of the
Indignation of the other residents of
Marion. who decided to give unmls-
taxable manifestation Of their dis
pleasure.
At the trial, Monday Judge II. o. Har-
ris presided. District Attorney Asa p.
French, with his assistant. r. w. Nut
ter We're in charge of the common
wealth's side, while Hon. ]. w. Cum
mings of Fall River, appeared for the
accused men.
The seven defendants who We're
bound over to the court, responded to
their names. Two others named
Briggs were called but they failed to
reply and capiases were issued for
Them 1t is not considered likely that
they will be found, however, as they
have been away for some weeks now,
and where they are at present is not
known here.
To a charge of "riotous assault the
seven defendants pleaded mot guilty.
Then District Attorney French, adj
dressing the court. announced that one
of the most important government
witnesses. John F. Simmons. was not
present and the prosecution had been
unable to reach him w to the time of
the opening of court. He was in Ply
mouth on Saturday but it was reported
! that he went away, Sunday. Con-
sequentiy the district attorney was
compelled to ask for a delay of pro-
ceedings, that further attempt to find
the witness might be made.
Judge Harris granted the request and
announced a recess until o'clock.
Just after noon, John F. Simmons,
the government witness, who prose- |
cutting counsel reported missing when
! the court assembled, Monday morning. |
was found in DuXbury. He was located |
by Deputy Sheriff Spring and was
| brought into court, early Monday af- |
tefnOOn |
AT the re-assembling Of court. Monday |
afternoon, Mr.. Cummings. the counsel |
for the defendants. made motion that |
Indictment be quashed on the ground
that the word unlawful did not set
J forth any intent in the case. Judge
Harris overruled the motion and the
government proceeded to the impan-
elling of a jury. The defense challeng-
ed occasionally and % names had to be
called before the jury was finally made
up.
The next step in the proceedings was
the opening statement Of District At
torney French to the jury. AS soon as
the district attorney had finished his
statement. the taking of testimony was
begun, and three witnesses were heard
DeIOTe tne COURT tie udy. |
The first two were unimportant, the
civil engineer and the photographer,
who presented plans and pictures of
the locality in Marion.
The third was one Of the chief wit
nesses for the government. Charles
A. Potter, the husband of Mrs. Clara
Potter. He gave detailed account Of
his movements on the night of the
white Gaping" He said he was at
the house Of Mr.. Clifford, one of the de-
PENDANTS. when Andrew. another of the
defendants came in and told them they
were going up to the house Ito clean
Mcdonald out" and that the crowd !