Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-05-11


motion of County Attorney Leigh.
, Mr.. Leigh moved for a continuance,
on three grounds, viz: First, that tW,
OF the principal government witnesses
were in Canada and cannot be located
second, that two of the witnesses fo
the State are in quarantine at the Fac.
tory boarding house; third that tn,
person Jointly indicted with Dionne haC
not been apprehended.
Benedict +. Maher, Esq, and George
G. Sheldon, Esq, of Augusta, cOunSe
for Dionne. strenuously opposed con-
tinuance and argued long and earnestly
against the same. An effort was made
to have the bail of Dionne reduced. but
that effort was unaVailing and Dionne
was remanded to Jail.
Iii continuing the case until next
September, Judge Hall gave his rea-
sons as follows:
1t seems that the Spencers, who arc
under quarantine, and who cannot be
brought into court without dangerous
risk to the public health testified be-
fore the grand jury, and the county at
toTney seems to think their testimony
was Important. | should think, from
the outline in Mr.. Burns testimony,
that it is material. He has stated in
effect what they would testify to- and,
taking it in connection with what
find that Burns has testified to, | deem
it material, as far as their testimony is
concerned
Nov upon the question of the dill
gence of the county attorney in sum
moning these Pooler boys: From what
has now occurred it appears that it
the two witnesses who have gone,
earlier but it is not clear that the
county attorney had not used all the
diligence which might be rcaSOnabl
required of him. in not summonsing
them earlier; but there is this excuse
that ! can see: The boys We're here,
living in town, and were employed at
the factory. They had been here with
out any intimation of removal out of
the jurisdiction of this court, from the
time they We're first examined in the
court below, through the cXGmina ton
by the grand jury, and UP to long after
this court began its session, and with
out and intimation or reason to suS-
pect, on the part of the county attor-
ney, that they would not be forthcom-
NJ
NV Nv ~ ''"i,'
~ '''',7 ~ 'l'''' ','' W - ,''''
l'V'il u,'",l '''' ~ III J':i'' ''',u ''''
az ~" l'2' '',,' - ~ NV
allowed to go at large.
VI, " i''''''
'''''' - l''''
"''t '"' i'i ti'0 ''S'' - "''
'Ho'i ','H'I" ''i'S f''' i''c"1S "l''p
t''"' Gu - 'i'"S ~ VI - i''''S cc ''''
'''''' '.i''' '"Sn nav 7o"' "' ~
'''' VI NV 'N'''' ''i7 ~
east pu' 'l''it are Nv l'l''i''@' ,'''''
w .''...,:.; 49,.
"''t " ~, ''
ia 'H w - ,'.N ,1.
W "'' '"''','
= '"'i''' ti'"' '''' "''' ~ Nv
- I" - CIV ~ ''
"'','" VI 'iii7 ''"i'' ""t ''c'1 ''' Wv
l,9"'''1 VI 9"''l''''i,'r" Iit
t,''H ''V '''r' Cur" Gun .,";,
men ''.''ii'''iiS - III ''''''
-..-...,..-, Ill.,.
- - ~. o. 80 l''.',. ~ S7,,,,
'.i' '1'"'e I"' ~ i'i,'''i wv.
'''u''' ''I 'iA '.'i''''' ~ ~.
'i"' W. Nv i"' So
0.'.' IT. "'''I'iN9 y.
80 - ''''i"0 "a, -.
court SIN hio'!.Il9 '''it T. ~,
I" sap III Jan OF u'i,'oi n'iI' WI 'i'"'
1t hG'n Oh tlliiP' 90 thtl II l" NO. ~
great Il hdFdShlp "hert 'iie C'l 'i.' W
court are held l'oit Alci"ch'iS' i'i 9
case 10 ne coII'lllueu.
~ J" very dcslr5'ple' II po9S!'''' ''I''
lie faNor Shoulu De arlf9te" III w "'i
that lie may be urea at the SAINT 'ii'le.
1t Is very important because II HilS'lt
say" the county the expense ol new
lriaI. rms OF ltSell 90 not c"il9iooi
suiIcIcnt ground for continuance, IL II
Wcr" the only thlnG, because INNS re
spohdont ought not 10 re helu "h dc-
count of the absence of another re-
sp"hdent, but on the ground th1t tlie
procured by reason of their legal
quarantine, without cndangering the
public health, even if permitted to