Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-01-18
SUPERIOR COURT
c. W. Austin Guilty of
Stealing Lead Pipe.
Watervi||e Liquor Dealer Gets
Fine and Jail Sentence.
James Kelley Admits the Theft Of Two
Overcoats.

IN" criminal sitting of the sunerior
court, judge Oliver q. Hall presiding.
Was resumed at 10 o'clock. Tuesday
nlorni!g. The proceedings followed the
prev ioCS routine of court work and 1t
large number Of interested spectator
We're present during the day.
The first case heard W;s that Of the
state against Charles w. Austin,
charged with breaking. entering ami
li"reny. The prisoner WAS indicted by
the grand jury on the charge at the re
cent session. the offence. rs set forth III
the warrant WAS the breaking ana ell
tC'!I" the residence of the late Hon.
John l.. Stevens on The 18th lay of July
and the larceny therefrOm of some 500
pounds Of lead pipe. The prisoner WAS
arrested on the charge after the inves-
tig;tion by police officers. on oct l.
1901.
The original charges We're preferred
III two warrants. the first being for
breaking AMI entering. The defendant
counsel. T.. ". Whitehouse. and County
Attorney L. issh, by mutua! agreement
tried the prisoner on TIE tWo warrants
coGcurrentlv.
The first witness for the government
was A. NJ. Drulnmond. who was en-
ploycd as custodian of the Stevens
home. He told of his visiting the house
early in October in tie usual cour:" o"
lis duties. ana INC finding. Of the loss
Of the lead fixtures. through the house.
He Immediately rruorteI dh2 loss to
the police. In resi- "nSc to the atIes-
TONS of Attorney Leigh he to,d o. TIL
exact condition ~ the house AID If now
He lrad pine h.ld been wrencileI from
". t1stenineS. etc.
Til" next witness. City Marshal Er"en.
told Of going 10 the house ,snd of find
IL" "VidcncrS of Il forcible Entrance by
+"!ar person. \ panel i'll !. .e.,r door
h:,d br,.n btni,,'n :rd the lcs.'l pipe Ma.
irul.I TO be missing.
ncnuty Marshal Hanks corrohorlt"
h.. ;ihov'. testimony adding that in his
investigation h. fculd i handkerchief
IN The hatl room "f the house. The Of
'rels traced the wipe To the store o.
T1bcr. Carey Il Reid. The prisoner hal
.GIG pic IL thc tC'i,nauY and III In"
time had been suffering with Il So
land W"f'ir" Il blWdagr over II" ~
jurcd mcnbtr. This and nthe" cNidc1Ic'
EAST. r:'I suspicion upon Austin and H.
MS subsequently arrested.
Edwin :. Itri.l. partner in tn" firm :"
TIhor. Carey & I;"id. Hnd walter ~. i
Chase y clerk. told of the purcfHS" "
load pilr from Charles W. Austin nj
divers times du}ii,g July and August.
the weight ana price pair for the sew
oiTh lats maxim. about Il dozen pir-
..llus2s III ali.
The county attorney rested upon tn"
nres,r t;tion of the ;hove evidcnc" ana
Charles w Austin cook the stand in
his o.-n defence.
Austin denied aur ana AL connection
WITH the breaking ma entering ~ the
home uf the l.it" Hon. John l.. stevens
and cI;ir,p,i that the lead pipe Snid by
him to the IjIn' of Itber. Carey & Reid
w.,N nurchuscd from him Of several
link dealers. The NAMES Of these ni"li
.,lld the dane nf purchase the prisoner
| COULD not rent"n!her. III regard to the
evidence of thu. bnndagc found on tn :
| premises after Ia" break. the prisoner
i;scInij:lrd u krnWlrlSc .: it. claim
| ii,r tnat wniie his Rand was bau;lHGel
he ma never worn anything but a col
ornd h4ra3trchirf rs Il handage After
ni,.!lt> To lhc jl.!r We're made ~ Toin-
IT, Attorney Ltiuh ana Attorn'y White
| house.
Tie charge to Tie jury was snort ana
concise during which Judge Han clear
| " defined the several points 81 ne law
governing the case. The jury retired
ava nftnr an hours delineratlon re-
turned a verdict of guilty. Sentence
was withheld until later in tn" term.
AT th., conclusion of the hearing Z.
~. Whitehouse. as counsel Tor Edward
tacl.n.. III WItcrViile. Was called upon
% defend IT." motion Of county Attor-
u,v Leigh for sentence. There We're
several indictments against the de-
fend;.nt for illegal sale Of liquor, etc.
ana motion was made for sentence in
| one count Of illegal sale Clemehcy
i was asked for by the prs oiltf. Sem
tence of = fine of $50 and 60 days WAS
imrosed. with an additional 50 days in
default Of the payment OF me ilhe
The next two cases were those OF
James Kelly alias John Murphy Of
| Eoston. on charge of larceny Il. w.
| Whitehousa. counsel for the prisoner.
retracted the previous plea OF not
| guilty pleading nolo conteidrrF 81 ppth
counts The prisoner took the stand
in his own behalf. admitting That he
had stolen two overcoats from Albert
u. McEennev in Waterviile. while IN
der tho influence of Intoxicating IL
ouor. Further the prisoner claimed to
have never been in Jail and was known
as a respectable citizen in Boston,