Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-10-12

man along the sidewalk of tba street
leading by the home of Dionne and
around the corner Of the building behind
found living on his face unconscio,ts Il
there any doubt that it was Burns who
was carried by the two mem If if was
Burns, who were the men CARRYING him !
Would he have been carried thor in that
way and left simply because he was nm
conscious from intoXication mr. was there
another reason? 1t is a presl,mntion of
law that men act from proper motives
Would a proper or humane motive have
led to the carrying of Burns to the Mace
where he was found, if he was 50 carried
and leaving him on such a night i'm the
position he was found in? These are
proper questions for the Jury To consider
responsible unless you are convinced be-
yond reasonable doubt that they did in
fact carry him and SO leave him. But if
You are SO conylnced then it is proper
that YOU should consider it as bearing
upor the question of their particina ton
in the crime for which they are here be-
ing tried No witness among all who
have testified to seeing two men CARRYING
, mother that hiSht nave identified them
: these defendants, or either of them.
,V0id haSty conclusions Consider the
astimony of the witnesses who testified
} Dionne's being at the hotel at or near
he TING when the evidence shows The
lrrynS took place, and determine whcth-
!. it was probable he could have been one
f the carriers. Give him the benefit of
ny doubt in your minds on that point
id lie Fave confess to Mr.. Hartnett and
Hicer Hanks that he was one of the car
ers and that there was one other? II So
as that the truth? And if true is there
efficient evidence to warrant YOU in be
ewing beyond reasonable doubt that the
Their was Dionne?
The law permits the accused in criminal
ials to testify. They cannot be required
, testify. They may do so at their own
equest, but the fact that an accused per-
IN does not choose to testify in his own
ehalf. the statutes say shall not be talk
n as evidence of his guilt You will
therefore, not consider the fact that the
'efendants did not request to testify as
ny evidence of their guilt.
John Cormer of Augusta, who was APP
pretended ut Lewiston, Friday. by City
Iarshal Breen and Officer Miron. fled a
emurrer found at this term for maintain
ne Il liquor nuisance. On old cases Cor
lier was sentenced as follows: Drinking
louse and tipping shop, fine of 500 and
osts and in default of payment 60 day;
n jail: liquor nuisance, fine of $3.50 and
osts and 60 days in Jail, and in default
If payment four months additional. Cor
licr was committed.
George Norton of China, through his
ounsel, George G. Sheldon Esq. with
rev a demurrer filed on an indictment
or cheating by false pretences and plead
d nolo contendere The government al
eyed that on July II of this year, Norton
save an advertising bill supposed to be
lawful money of the United States to
Francis NJ. Bessec of China. in part pay
ment for horse. ATTORNEY Sheldon asked
for clemency in the case Of Norton, stat
ing that this was the first appearance of
Norton in the superior court. County At
torney Leigh asked for a sentence in the
State prison. Norton was sentenced To
serve one year and six months in the
state prison at Thomaston.
Joseph King, alias Joseph Roi. against
whom liquor indictments We're found at
the April term, to all of which he filed
demurrers, was surrendered by his bonds
men, and was in court to take his SEN
tcnce. Attorney Burleish asked for d
light sentence, contendng that King mad
been in tn" business but Il short time and
never before been indicted until last
April. County Attorney Leigh stated that
King was connected with the Cormicr
saloon and hoped that he would rcceiV.
no mercy. King wds sentenced as fol-
lows: Drinking house ard tippling shop
fine of 500 and costs and in default OF
payment 60 days in Jail; liquor nuisance
Inc CT $50 and costs and 60 days in jail
and in default of payment four months
additional. King was committed to Jail
Edward GoodDout. who was formerly
employed at the Cormer saloon, was sen
fenced to serve 60 days in jail on an in
dictment found at this term for single
sale, hut the sentence was suspended anG
will he come operative if Goodbout even
again engages in the business
On recommends ton of the county at
torney a mol pros was entered in the ap-
pealed case from Trial Justice Stevens o!
Chelsea, OF \. W. Pcaslee of Gardiner
charged with illegal transportation OF
liquor
William Henry Of Whitehead who al
this term was convicted Of assault ant
battery with Il dangerous weapon, tt
n, h vc.GiCt his cUtt.N'l has LED cNcep-
tions IL t. "um of $3.50, toe s,::tciies be.
ing Charles l.. Humphrey and Charles e
MILLER and was released.
Before the court, Saturday afternoon
was beard the case of the Gardiner Beef
Company VS.. Charles f. Sturgis of An.
gusta. This is an action in aSSumpSit t.
recover the sum of $40 on account an
neXed and comes from appeal from tho
Augusta municipal court. The plaintif
introduced his clerk, who delivered thu
goods. who claimed that the goods wore
not paid for on delivery, and Fred S
'rhornc. agent for the company, VIII
claimed that the goods were charged t.
the defendant. The defence ClGmcd thai
payment was made at the time Of the
delivery. Gustavc Schocppe. clerk for thu
defendant. testified that ne made the pay
mcnt and was corrObordted by Morrii
Young. who testified that he was present
when the money was pad. The case wa,
continued until Monday to be heard by
the court in chambers. Frank q. Far
rington. Esq. appears for the plaintiff
and Sheldon & Sawtcllc for the defend
ant.
The September term Of the kcnnebat
county superior court finally adjourned
late Saturday afternoon, after one of the
longest terms in the history of the court
Nineteen jury trials were held which
breaks all records.
County Attorney Leigh has worked
hard during the term and has received
many cOncl atuationS from members OF
the bar and others on the able name,
in which he has conducted the cases in
behalf OF the government.
The following divorces were granted
during the tenn by Judge Hall:
Bertha f. Grouse of WaterviIe from
Marion T.. Grouse of Winslow. for cruel