The Somerset reporter., 1905-10-05
Is She Guilty?
Capola May Hoyt Placed on Trial on
Charge of Causing Her Buildings to
he Burned to Defrsud Insurance Com
pauieB

Burning buildings to defraud the In
surauce companies" is the serious
charge on which Capola May Hoyt, for
merry Capola May Kirshuer, is now or
trial at the courthouse. N1t for wears
has a criminal trial been the topic Of So
much interest and speculation through
out the county as that Of this young We
man, whose attractive personal appear
ance and romantic career lend especial
interest to the proceedings against her
The trial WINS opened. Monday morn
lug, and the first clash OF arms WAS stiff
Client to Indicate hat it would be pro.
longed and contested with al the euerg,
Of the seasoned veterans Of the bar VII
represent the people and the res poudent
Hon, e. N. Merrill, who is retained by
the Insurance Company Of North Amer
lea, assisting County Attorney Thomas
-. Young, and Hon. Forrest Goodwin
managing the defense. o lection, ru,-
ug and exception were the constant it
terruptons In the first days testimony
Not until noon was the jury empan-
elled, each iuryman as drawn being sub
tCted TO The usual running fire of ques-
tiOns to test his acquaintaHces with the
case, through newspapers and otherwise,
his pr, JUDGE, previously formed opinions
aud ability to render an impartial YER
dict. Three jurors were peremptOrilJ
challenged by the defense, one by tht
State, and three were excused for cause
George w. Gould of Skowhegan was APP
pointed foreman Of the panel as finally
constituted.
The Indictment was read by CLERK
Seekins. Ii contained three counts, each
charging the same offeuce in ditferent
legal verbiage.
K. n. Merrill opened for the prose
cutIon, at o'clock, Monday afternoon.
stating briefly what the State prOposed
10 prove. he said that the State would
show that Miss Kirshner bought the
property for about $3.50, she expended
IN repairs some $400 and insured it foI
$1,000 on The bulIding and contents.
He stated that thus action is brought
upon the Chapter l27, Section Is OF
Public Statutes and that the punishment
for the crime the respondent Is charged
with ie not less than one nor more than
20 years.
After much wrangling between the
attorneys over the Introduction OF the
deed of the property burned, three
policies Of insurance ard several letters
alleged to have been written by Miss
klrshner. which were admitted undeI
au Ut lection by Mr.. Goodwin, the
witnesses for the defense were calico
and swori.
Obs A. Reed, under indictment fol
the same charge, who confessed TO his
completely soon after Miss Kirshner's
marriage to Hoyt in the summer, ano
at he same time turned States evidence
against her, was the principal witness
OF the afternoon.
Reeds testimony was simply repeti-
ton Of that given by him at prenmi-
nary hearing, reciting his trip to Lewis
con, his stopping at Hotel ALw oo1 will
Miss Krshner, and his subst quent "trip
20 NV Portland, where he set the fire
at her direction.
ll was during Reeds testimony That
the State produced the fatal letter, their
strongest card in the case against Miss
kirshner. The letter was without date.
but was contained in an envelope post
marked Beverly, Mass, June IA, 1905,
) +. M" and directed To "Mr. Obs A.
X ed, Wilton, Me-. Box 49," 1t was re
ceived ut Wilton, the dale being indis-
tlnct. The letter WAS as follows:
"Dear Otis:
hope everything is all over. ! have not
heard; let me know, and send me SIS sure.
have got only IS cents. had doctor,
and it took all my money, and have to pay
for what have here. You see | can't get
back, and | owe Leta 81 | borrowed for
medicine.
"The doctor thinks he can cure me if l can
stay under his treatment, and | can if have
the money.
"This is Wednesday night, and you will
get this Thursday, and be sure and send the
money SO can have it Friday night. Send
it special delivery, then | will get it all right
Friday. Be sure and get it, for | must have it.
''If you have not done it, do it as soon as
possible. You may wait until Saturday night,
if you rather, but be sure and send the SIS,
for | can't get along without it anyway, for
Leta needs hers awfully.
"Now don't disappoint me on anything,
for l am all in. Lovingly,
Cappy.'
"Capola Kirshner, Endicott Bldg, Room
IS, Beverly, Mass, care of L. G. Norton"
Upon direct testimony Reed said that
Miss kirshner said "She would go AWAY
with him, II he would burn the hotel.'
That she WAS aware at the time that he
was married man and that she loaned
him money to settle an execution against
him, in favor OF his wife.
Ga crosse Examination he denied ever
telling Miss Kirshner that he was d.
vorced and hat she frequently read
letters which he had received from his
wife. He was never promised a lighter
sentence II he would make the comics.
sion. but WAS told by his sister that he
might get lighter sentence by so doing
Asked il he did not know that he was
committing crime when he set fire to
the buildings he said he did not think
much about ii At the time.
Reed said that he loved Miss Kirshner
and was aware that his confession i'm.
plicating her was liable to send her,
should she be convicted, to State prison.
Throughout The crOss-examination Reed
constantly failed to remember things
some of which happened less than q
month ago.
Harlow Harvey stated that the fair
cash value Of the hotel, the day of the
fire, was $1,000, but that to replace the
buildings it would cost about $4,000.
Isaac H. james was Of the opinion hat
the burned hotel was worth $1,000, the
day OF the fire. S i'd it might Cost
$4,000 to replace the property, but
thought It could be done for $1,000
The last witness called by the prose-
cution was ). f. Remick. the Madison
insurance agent, who testified 10 issuing