Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1905-03-28

eight hours, at carpenter work. WDen
it came to settlement he wanted 81. 0C
per day. The company refused to pay
that sum, and offered him 81 so per day,
which they were paying other workmen,
and for which rate they say Briggs had
worked for them year or two previous.
The case occupied nearly all the after
noon. The jury compromised the rate
of wages at Sl.75 per day, which with
interest added made the amount of the
verdict returned, S40.63. NJ. l.. Kimball
for plaintiff; Swasey for defendant.
STATE VS.. APA.
The only criminal trial for the term
was what was colloquially known as
1.-The Italian shooting case" which occu-
pied most of the day Tuesday and part
of Wednesday. The respondent was
Nicola Apa, an Italian resident of Rum
ford Falls, who was indicted for assault
with intent to kill upon Fred Masse.
Charles p. Barnes, county attorney, con-
Quoted the case for the state, and Hon.
John p. Swasey for the defence. In
some respects it was an unusual case for
Oxford County. Most of the witnesses
spoke English very little, and many of
them not at all, and it was necessary to
have two interpreters, one to translate
French and the other to translate Italian.
Deputy Sheriff John j. Bell acted as
French interpreter, and James CaliendO,
an Italian barber, as Italian interpreter.
One of the witnesses was Hungarian.
whose native tongue was German, but
he was able to give his testimony partly
in English and partly in Italian through
the interpreter. At best the method of
obtaining the testimony was slow and
not entirely satisfactory.
The shooting of which this trial was
the outcome occurred little after s
O'Clock on the evening of Feb. 23d, on
the track of the Portland and RumfOrd
Falls Railway, a short distance south of
Rumford Falls village and near the
Italian settlement in the vicinity of what
is known as Smiths Crossing. Fred
Masse, the victim of the shooting, and
his wife, bride of three days, were
boarders in the house of Clementina
Lodi, whose house is situated short
distance below the railroad, on the high
way. A path leads from the road past
this house, up the hill to the railroad,
and then curving to the south, goes
through the Italian settlement, which
contains some fifty shacks inhabited by
about $50 men.
On the night in question, there were
present in Mrs. Lodi's house Mrs. Lodi,
Fred Masse and Rosie, his wife, Nicola
Apa, who lived in one of the shacks in
the Italian settlement, and two or three
other bOarders or visitors. There was
talk about going to a show at the village,
but as they could not get apublic car
riage, Fred Masse did not want to 60 if
he had to walk. His wife urged him a
little, when Mic Apa spoke up and said
he would go with her if her husband
wouldn't. His remark was translated
into French by Mrs. Lodi, and there was
general laugh. Soon after Fred
Masse and his wife and NicOl Ardengh,
another boarder, started for the show,
going up the path to where it crossed
the railroad, and thence up the track.
Up to this point there is no disagree
ment of testimony.
According to the story of those who
started for the show, when they got near.
ly to the railroad they heard a sound
from the house, and looking back, saw
Mic Apa coming out of the house.
When they had reached point on the
railroad about III feet from the crossing,
they heard shot, the bullet striking
behind them, and looking around, saw a
man standing at the crossing, whom
Fred Masse and his wife assert they
recognized as Mic Apa. A second shot
passed between them, and a third went
through Fred Masses left leg about mid
way of the thigh. A fourth shot was
| fired without effect.
In defence Nicola Apa testified that he
left the Lodi house shortly after the
others, and went up the path across the
railroad and directly to his shack, where
he was nearly undressed when he heard
the shooting; that he did no shooting,
owned no revolver, and had never car
ried revolver, except borrowed one
| for one day few weeks previous. He
also declared that what had happened in
the Lodi house did not make him mad.
| Other Italians from his own and neigh
boring shacks were put on to testify that
Mic did not own revolver, and other
testimony of people who have known
him for some years was introduced to
show his generally quiet and peaceable
disposition. Mr.. SwaSey also showed
by all the witnesses that there was much
shooting right along in the Italian set.
Element, for target practice or fun, and
; both day and night.
In closing Mr.. Swasey argued that the
state had failed to show any sufficient
motive or provocation for such a deed
on the part of Mic Apa, and had also
failed to connect him with the shooting
laying particular stress on the impOssi
bility Of identifying any one at distance
of III feet, on dark night such as thai
was shown to be. County Attorney
Barnes marshaled the facts brought ou
in evidence in clear and logical way
and made an able presentation of the
case.
Judge Whitehouse instructed the jury
Wednesday morning, and after being
out some more than an hour they re
turned verdict of not guilty. Th'
prisoner was discharged, and as the in
terpreter was instructed to tell him III
could 60 home, Judge Whitehouse add
ed, "and tell him not to use any NOR
,revolvers."
Immediately after the Apa case tn
juries were finally excused, there beini
no more work for them to do.
Frank Ryan of Rumford Falls wa
brought into court and his case disposed
of. Ryan was sentenced in the Rumfor'
Falls Municipal Court to sixty days II
Jail on a search and seizure complaint
; He appealed, and being unable to obtail
bail, had to come to jail, where he ha'
, remained for ninety eight days. To dis
|, pose Of the matter, he withdrew hi
appeal, and Judge Whitehouse sentences
him to sixty days, the sentence to begil
, Jan. 2lst last. The sentence thus beinl
, concluded on the day he appeared Il
I court, he was Immediately discharged
Only one other matter Of any consider