Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-12-01
SAYS HE LIED.
Simeon Newton Makes Queer
Replies in Terrio Case.
Says He Swore to Statement Only
Partially True.
Bulk of Day Devoted to Rehearsal Of
Former Testimony.

testimony, today, has been unlnterest-
ing, as it has been mostly a rehash OF
what has been given before and has
varied but little in the second telling.
But if those who have been listening
patiently to twice told tales all through
the day have been looking for sensa-
ton they must certainly have felt re-
paid when they left the court room
for the night, as Mr.. McGillicuddy, i'll
| the rigid cross examination of Simeon
Newton one of the States principal
witnesses, wrung from him the admis-
sion that he had lied regarding the
case and that he had sworn to a state
ment which he realized was not all
| true. The fact that Newton is the
man who claims he saw a man on the
tote road on the day of the murder
and near the place where 1t is sup
posed to have been committed and tina.
he later recognized this man as Terrio
gives added interest to the admissions
he made, late this afternoon. The re-
suits of the cross examination, in the
minds of many, is a good return fo:
Ethe new evidence introduced by the
State, Saturday.
tE Ex- Sheriff Pencil was OH the
stand nearly all of the morning and
for the greater part of the time was
subjected to a heavy fire of questions
by Mr.. McGillicuddy. The counsel for
the defence attacked point after point
in the story in the effort to break down
the testimony or to bring out some
tbinsp 40 To hn whole
story of his connection with the case,
which is a long one in the direct ex-
| animation, and then in the cross much
of this was gone over again and care
fully dlssected and analysed until it
seemed that there could be scarcely
anything of the slightest Importance
that had not been touched upon.
Ex-Deputy Sheriff Haskell followed
Ms Pencil and he was handled in
lnachs. the same way, although not so
fifty There were some little tits be-
tween the attorneys during these ex
tan6fnations and Judge Powers fire.
lqnently had to rule on this or that.
ItsWas good example of the rigid ex-
lafnination that important witnesses
| Have to undergo occasionally, but was
Enot especially interesting for those al
tre3dy familiar with it.
The State apparently secured Il good
prop for its new evidence in the ex
animation of both these witnesses, as
Mr.. Pencil and Mr. Haskell each tes
titled that the gun shot wounds We're
not discovered until the body reached
Jackman and the wound in the throat
| rot until it reached Asquith. This
IN e.fp |, To hn e.tp Of
| the Mastermans and Keith about what
Terrio told them the day after the
| body was found.
But some are inclined to pick a flaw
| in this evidence because, although the
Mastermans and Keith knew what
they have testified at this trial before
'Terrio was arrested and have known
| it all along, they make their first APP
pearance at this trial. Those holding
| this opinion also place the evidence of
Mrs Calder and Mcdonald in the same
class. But others give this objection
no weight whatever.
| Rifles have begun to be plenty about
| the court room and from now on will
doubtless have n prominent place in
| the trial. They are mostly $3.50
| Winchesters with one % FlObert
| (Murray's). Mr.. .McGillicuddy ques-
toned Mr.. Pencil with especial care
regarding the rifles and shells. He had
him try a 80 shell in his own rifle and
show fully just how the crushed shell
was tested. Then when he had finished
| he asked him if he had snapped the
hammer of any rifle he had just ex-
amincd. and the witness admitted that
he was not absolutely certain whether
he had or not He had previously tes-
| titled that the hammer had never been
snapped on the crushed shell, and the
/ point Mr.. McGillicuddy evidently
wished to bring out was that
he could not remember absolutely re-
garding that any more than he could
about the rifles he examined there in
court.
In the examination of both Mr.. Pen
nell and Mr. Haskell Mr.. McGillicuddy
paid considerable attention to the writ
ten statement they had secured from
Terrio. 1t was admitted that not all
that the respondent said was written
out in full but that what was consid
cred as most important was taken. Mr.
Haskell said that none Of the written
statements naQ Deen CoiiliduiCleu,
while some of those they depended on
memory for had been.
Terrio's money matters again came
in for large share of attention, as
they form very important link in the
States case. The strength of the State
is beginning to show up, but it is diff
cult to tell just how much longer ii
will take to present it. The testimony
of the experts is yet to be taken and
will probably consume considerable
time. 1t is not expected that the case
will be closed much before the end OF
the week any way.
At the opening of the morning session
Frank P. Pennell was recalled. He sale
that Pare's head. as the body was found
on the tote road. lay toward Asquith
The snow was pretty nearly even WIFE
the top of the body on both sides. Ac,
eor.ling to his best recollection. the legs
were covered with snow. Above that, Oh
| Continued on page 81