Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-01-13
TERRIO is FREE.
Charge of Murder of Pare
Is Mol Pressed.
After Over Three Years in Jail He
Bfeaihs the Free Air.
Charge of Perjury Against Mcintosh
Also Quashed.

THE Mcintosh perjury case, an out
growth Of the taking out of the new
evidence in the Terrio murder case
which has excited such general interest
in the State. came to an abrupt end,
this morning. 1t will be remem-
berd that Mcintosh when the defence
| took out its newly discovered evidence
before Judge Spear, testified that one
| Forsythe had told him in Berlin, n. H.,
March 20, 1901, that young French
man was murdered on March II, on the
Misery tote road, that there was $l12
on the body, that he was murdered for
| his money, that he. FOrsythe and Sim
Newton had been in the locality that
| DAY that Newton would be arrested
| for it, that he himself would not be
arrested since he had left the State
to get out of the way, and that he wore
! Il red shirt or blouse that day. Such,
! in substance, was McIntosh's account
Of his conversation with Forsythe in
Berlin.
The murder of Pare was committed
on the 18th day of March. 1901, while
about one month later. Assuming that
McIntosh's statement that Forsythe
made any talk whatever about man
being murdered on the Misery tote road
| two weeks or more before the body was
found and before any except the muir
deFer knew Of the deed. it would at
least throw an interesting light on the
problem. To go into the details of that
| tragedy, stating that the victim was
killed for his money and that he was
a yeHng Erenchman, would naturally
throw at least some ray of suspicion
on the narrator. But to go further
and lSay that Sim Newton would he
arrested for that crime and INDY that
he himself would have been haF. he not
taken himself out of the way, 1his GER
tainly made the Terrio matter -iook far
different in the eyes Of somQAa =.
Tho matter of the red shiff is also.
interesting, as it will be remembered
that at the last trial Pat Murphy said
he was over the Misery. tote road two
or thfee days before the murder with
Sim Newton and that he, Murphy, wore
Il red shirt. 1t has been SAN that the
defepce would try to prove that it was
on TIE very day of the hhurder that
Sim Newton and another man who
wore 4 red shirt We're over that road,
and Furthermore that the man in the
red shirt. >ihstead of being Pat Murphy
was no other than Forsythe.
Re that az it may, it did not appear
mAlast trial. AS has already been
statsI, this testimony was given at the
, tsae.tbe new evidence was taken out
. in the. Terrio case. 1t has been some
, little time since then and people had
almost. forgotten Jack Mcintosh in
. connection with the murder trial. Not
until last December. when he came up
here from Waterville as a witness for
the deIepse, as was understood. did we
!. hear from MIN again. He was in the
u court room the day the trial was ADAM
doned and before court adjourned, was
arrested on 4 warrant. charging him
= with perjury and on complaint of For
sythe. the same afternoon, he was TAX
en- before Judge Bachelor in the mu
n nicpal court. He waived examination
and was bound Pver' to appear at the
December term Of the supreme judicial
court in the Soln of $1,000. He did not
, try to furnish sureties and was COM
mitted. The grand jury. later, found
I. an Indictment against him for the Of
f"nse of perjury and his trial was as
signed for% yesterday. All the time
the perjury casahas been Il matter for
discussion ut rpany a corner grocery
ana interest inSit had warmed up to
quite a high pitch. What happened, yes
terday, WAS something of a surprise to
a great many. Several facts, familiar
because seen here several times before
on th.. 'TerriO case. were seen about
town in the forenoon and it was under
j stood that they were to testify in this
case. AS soon as one of the civil suits
> was disposed of the court announced
! his readiness to hear the counsel in the
. perjury matter. Mr. McGilicuddy
then moved to quash the indictment
found against Mcintosh by the grand
jury. He said there We're two rea-
sons for this. First. the counts in
the Indictment were insufficient under
= the law in not alleging the jurisdiction
of the court in which the crime was
said to have been committed; second,
: the evidence and testimony were i'm
:. material and consequently not admissi-
# BILE in the Terrio case and thus no per-
jury was committed. County Attor-
ney Cover replied. for the State. He
e said there We're three counts in the
|. Indictment one under the common law
It and the other two under the statutes.
: He stated that he had felt some mis-
givings as to the first account and had
put on the other two under the stat
utes TO be sure to make the indictment
. solid. He referred to similar cases that
had been passed upon by the law court
e and handed down. In reply to Mr..
4. McGillicuddy's second reason, he said
o that if McIntosh's testimony was i'm
al material in the Terrio case. he could
N see no reason why Mr.. McGillicuddy
10 should have offered 1t.
Justice Savage ruled that the first
count in the indictment was bad
r because it didn't set out the jurisdic-
ID tion of the court that the second
n count was bad because it did not sci
i. out fully all the proceedings of the
IN court. but that the third count was
a. good and in strict compliance with
" ~. the statutes. On the second point the
Continued on page ~