Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-09-25

Albert L. Heselton in Augusta, the
night of April 5. Phelps was supposed
to be the star witness of the govern
ment and taken in all made a good i'm
preston.
The cross-examination of Phelps re-
vealed the facts that the stories told by
him at the preliminary hearing and
Wednesday We're inconsistent, but the
government placed in evidence matters
to offset them. The general line of the
defence. as far as the medical testi-
mony was concerned was to prove that
Albert L. Heselton might have died
from some other cause than a knife
stab.
County Attorney Leigh stated,
Wednesday evening, that the case on
the part of the government was prac-
Acally completed.
At the opening of court, Wednesday
morning, Attorney Sheldon for the de-
fence announced to Judge Hall that
Mary Granger, who was witness be-
fore the coroner's jury and who was
summoned by the defence at this term
of court, had been taken to the City
hospital in a precarious condition and
that she might die at any time.
Attorney Sheldon asked the court
that rer deposition be taken. with the
consent of the county attorney and
the court.
County Attorney Leigh stated that
he stood on his legal rights and would
not allow the deposition.
Judge Hall stated there was no
statutory provision for deposition in
a case of this nature unless the per-
son whose deposition should be taken
resided outside the limits of the State
Judge Hail further stated that in some
cases Of a criminal nature continuances
are asked for.
After a talk with his associate coun-
sci, Mr.. Maher, Attorney Sheldon asked
for a continuance.
Judge Hall refused the continuance
and exceptions were taken.
The first witness called at the open
ing of the court after the jury had
retired to hear the arguments between
the counsel for the State and the re-
spondent to determine the taking of
the deposition in the case of Mary
Granger was DR.. L. j. Croker of Au-
gusta.
Dr. Croker was recalled from yes
terday and gave no new light on the
matter of expert testimony.
DR.. w. L. Elwell. a surgeon at the
Soldiers Home at Togus. testified that
in his opinion the knife stab in the
heart, with his long connection in such
cases, must have caused the death.
Isaac Clark. janitor of the City build
ing, identified the knife at issue in this
case.
Joshua +. Bean, coroner. also iden-
titled the knife and testified that it
was the same instrument that ne car
ried to Prof. F.. c. Robinson at Bruins
wick for him to make an analysis
to determine whether or no there were
human blood stains on it.
Prof Franklin C. Robinson was the
next witness and stated that for rs
years he had been the professor of
chemistry at Bowdoin College. He
identified the knife and stated that
it arrived in his possession, April Z
last from the hands of Coroner Bean.
He made three tests and each were
confirmatory of each other that blood
found on the knife was of the human
calibre. A test was made by him of
hogs blood which showed that the cor
puscles of the blood of that animal
are much smaller than that of human
blood
Under a rigid examination by
Attorney Maher for the defence the
professor stated that in his opinion
there was not much difference be-
tween the human and animal blood.
The next witness called was Joseph
Phelps. who was at the Granger domi-
| Gle the night that the affair happened.
Phelps testified as follows:
Employed at the plant of the Ed
| wards Manufacturing Company. Am
| father of six children. Arrived at the
| Granger home about o'clock on the
night of April 5. A party of people
were there. Jim Granger asked me
| If | had anything to drink. | told him
| that | hadn't, but had money to get
| some Then Granger and Heselton
took some out of the cupboard, which
was alcohol, and everybody in the
| room drank Then we sat, talked and
| laughed. Mrs. Day, after while, said
she wanted to go home. She left and
then there was more talking and
drinking until the liquor gave out.
At this time there were five per-
/
cob Granger, Skinner" Heselton, Mary
Granger and myself. Granger said: 81
have a quarter 1 said: Il have an
other" Jake was asked to go to get
some liquor. but he said he had enough
and went to bed. / went and got q
pint of alcohol. After l returned and
a drink had been taken Jim said to
Mary: Warm up some soup, Spider
is hungry
While we were eating the soup, Mary
went to another room, but Sinner left
the kitchen. where we were. and the
first thing l knew heard Jim holler.
ing to Jake. who was upstairs: Come
down; Sinner is making trouble fol
| Mary" v
Then Granger accused Heselton OF
the fact. Heselton with an oath told
him to shut up. Then there was {
general mixup. A blow was struck blu
couldn't tell who struck it. Saw Hes
elton strike the second blow, fellin.
Granger. AS Granger arose. Hesel
ton hit him again. And then Heseltol
made threats and used the expression
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