Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-29
FOR PERJURY.
Continued from page ~

timony, it also brought to pass a heat
ed debate between the district attorney
and Hon. John w. Cummings of Fall
River, senior counsel for the seven men
of Marion who have been on trial
nearly a week charged with riot and
assault upon Jmes Mcdonald and Mrs.
Clara Potter The debate lasted only
a few minutes, and ended by the court
issuing a bench warrant ordering Hill
Ter to recognize in the sum of $1,000 for
his appearance before the February
grand jury on charge of perjury.
But those few minutes brought to
climax the case which has been con-
slant topic for conversation in this
county for nearly four months. When
the court re-opened, today, after the
Thanksgiving recess, it was expected
that there would be a sensation but 1t
did not come by noon and anticipatory
talk died away. Accordingly when Mr..
French addressed the court and asked
for the arrest of Mr.. Hitler. Il livery
stable man of Marion, for perjury, the
surprise was fully as genuine as if it
had not been anticipted.
Witnesses testifying, today, followed
the lines laid down on previous days.
those for the defence seeking to prove
alibis for the seven men on trial. None
of these defendants was placed on the
witness stand in his own behalf and
the defence closed quite abruptly. Mr..
Frenchs cross-eXaminatiOn was sharp
and vigorous and his questions Incl
sive. especially when aimed at Hitler.
After this witness, question after
question flashed out and before leaV-
ing the stand Hitler displayed not a
little nervousness.
The government put on four witness
ses in rebuttal to corrObOrate direct
evidence that tar and feathers were
found in the sand pit, Aug. T. The mo-
ment District Attorney French had
made this point clear he announced the
governments case to be closed.
Then came the sensational argument
over Hitler. Attorney Cummings jump
ing to his feet and saying:
Il protest against this proceeding. 1t
seems at least that if the district at
torney thought the circumstances war
ranted him in demanding the arrest of
! he witness. he should at least have
waited until the jury had retired.
There is every facility here for taking
| the proper steps in the proper way
and the course taken by the district
attorney convinces me that the move
was made with the object of influence
| ing the jurors against these defendants
and these Witnesses
Il still make the request said the
district attorney.
Mr.. Cummings was plainly angry
4 when he continued:
Il had hoped since the beginning
that these defendants would be given
fair trial and that the jury would
| be permitted to agree upon a verdict
solely upon the evidence as presented
They'll get a fair trial, all right,
answered Mr.. French.
| But this is not a fair trial." said
Mr.. Cummings, land I again protest
against this high handed proceeding.
If you desired merely to detain Mr..
Hitler. il was not necessary for you to
demand d warrant for his arrest in the
presence OF the jury. Mr.. Hitler is a
man of good standing and considerable
property. Even if he had left the court
| room he could have easily been found
| and he has no wings-nor feathers-to
get out of Plymouth before the arm
of the law could reach him."
Turning to the judge, who was pour
| ing over federal law books, Mr.. Cum
mings continued: II believe it is with
in the discretion of the court to act or
not in this matter, and | ask that such
discretion be exercised"
To this Judge Harris replied that the
statutes provided for only two alter
natives when a prosecuting officer asks
for such a warrant-either to order the
prisoner committee, or order him to
recognize for his appearance at a later
date.
In this case" the court said, Il pre-
fer the latter course, and l order Mr.
Hitler to furnish sureties in the sum
of $1,000 for his appearance before the
February grand jury"
Mr. Cummings had resumed his seat
when District Attorney French turned
around and asked: Are you ready tC
furnish sureties for your witness?"
Il have not yet been retained to rep
resent Mr.. Hitler" responded Mr.
Cummings. dryly.
A moment later, Hitler appeared al
the bar accompanied by Capt. Judah
Hathaway of Rochester. Mass. ant
Hon. Matthew M. Gushing of Middle
boro. They We're accepted as suretie!
and Hitler was released.
. A few moments later the court hat
announced an adjournment till Mon
day. and spectators. jury and lawyer: