Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1905-10-24
worth of goods. James DeCoster, alias

! worth of goods, James DeCoster, ALA
James Russell, had pleaded not guilty
A jury was empaneled to try the case
but after somewhat prolonged consulta
tions between counsel and parties, thu
} county attorney entered mol pros as tC
! the breaking and entering, and DeCoste
, pleaded guilty to larceny. He was latel
sentenced to three months In Jail.
n James B. Poland of Oxford pleaded
not guilty to an indictment for single
sale. The case was continued to the
next term, and he was released on bail
John Russell of Oxford pleaded not
guilty to an indictment as common sci
Ter and was remanded to Jail.
THE DAY ARSON CASE.
The longest and last trial of the term
and the first arson case In this court In
many years, was opened Friday morning
1t was on an indictment for arson against
Lois NJ. Day, Albert L. Day and Clarence
W. Day of Mexico. Before the case was
opened so much of the indictment as
alleged that the burning was in the
night time was mol pressed, and later
mol pros was entered as to Lois N. Day,
leaving the other two respondents to
answer the charge. Barnes, county at
torney, for the state; Swasey, N. G.
Foster and Stevenson for defence.
Mrs. Lois NJ. Day is the widow OF
William G. Day of Mexico, and Albert l..
Day and Clarence W. Day, young men
in their twenties, are her sons. The
building which the respondents are accus-
ed of firing is the house occupied by them,
at Ridlonville in Mexico. This house,
which was built by Mr.. Day during his
life, was one of the finest houses in the
place, a twO.story house with cellar
under the whole, handsomely finished
and furnished.
Quite fraction of the population of
Mexico was present as witnesses to testi-
fy on the one side or the other regarding
the fire, or series of fires, in question.
These fires occurred on the morning of
the 23d of June, the frat alarm being
given about half past two. There is no
organized fire department or hydrant
service in Mexico, but a crowd OF fire
fighters quickly gathered. The fire was
in a small store room or vegetable room
in one corner of the cellar. 1t was sup
posedly extinguished in few minutes.
Hardly was that fire disposed OF before
fire was discovered in the attic stair
way. At some time during these fires
the portiere between the parlors on the
first flor was discovered to be on fire.
These fires were disposed of with few
minutes work, and the crowd OF fire
fighters went home.
About an hour later a second alarm of
fire was given from the Day house. This
time the fire was in closet opening out
of sewing room. near thefoot of the
attic stairs. At the same time fire
was burning under the floor OF the attic,
and this ran across between the floor
timbers, from one side of the house to
the other.
After these fires had been extinguish
ed, watchmen were placed in the build
ing until the arrival of the insurance
agent during the forenoon. In the after
noon the selectmen visited the house to
make their official investigation, leaving
about three O'Clock. Soon after five
O'Clock another alarm of fire was given,
and small blaze, which was quickly
subdued, was found in the wall of one of
the bedrooms on the second floor. The
insurance on the house has since been
adjusted for $500.
The theory of the state is that the
places where these several fires broke
out were too remote from one another to
Justify the supposition that they we're
communicated from the first fire, in the
basement. There was also quite an
amount of testimony introduced to show
that there was a pile of papers or other
infammable material at the starting
points of several of the fires, and that in
at least two of them there was strong
odor of kerosene. 1t was also testified
that the fire fighters were discouraged in
their efforts by the Day boys, who, ex-
cept at the basement fire, did not assist
in the work at all, but declared that it
was no use to fight it, the house had got
to go, and one of them remarked. when
one fire had been e1tinguished, that it
would break out again in little while.
The house was shown by the state to
have been in the name of Lois NJ. Day,
to have been mortgaged for $500 and
insured for $4,000. 1t was also shown
that Mrs. Day conveyed her interest in
the house seven days after the fire. Will
liam C. Day. husband of Lois NJ. Day,
who built the house, died just month
before the fire.
For the defence it is asserted that all
the movements of the Day boys during
the night and day of the fires are fully
accounted for, and many of the crcum-
stances which have directed suspicion
to them are explained by the evidence;
that whether the several outbreaks OF
fire were communicated one from an
other through the walls of the house, or
were spread by the ill-advised efforts of
the volunteer fire fighters, or by what
ever means, they could not have been set
by the Day boys, whose whereabouts are
distinctly shown by the evidence.
The trial of this case dragged its slow
length along, the testimony going into
details at considerable length, so that
the states case was closed, and the de-
fence opened, just before the adjourn
ment Saturday night. 1t will probably
take the day Monday, and it is hoped to
close it before night. AS it Is the last
case for trial, the end Of it will be practi-
cally the end of the term.
NOTES.
Robert c. Foster of Portland was ad
mitted to practice during the first week
of the term. Mr.. Foster is the son OF
Judge Euoch Foster and is graduate
of Bowdoin College and Harvard Law
School. He will enter the law firm of
Foster & Hersey, of which his father is
the head.
The number of divorces granted so
far il much less than the average, al
though about the usual number were
entered on the docket at this term.
Perhaps this fact may be partly explain
ed by the attitude of Judge Powers on
divorces. While he grants divorces in
cases where he is convinced statutory
cause exists. he requires two witnesses
besides the libelant, and is not content
iii, a ,,,aro or n0rfo praaantati0n Of the