Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-09-22


the marshal that he was going to leav,
for California that night. did not wan
to be arrested TO disgrace his wife ant
family and should be given a show
Went up stairs and said to the mar.
shall: Are you going to give me ;
show. marshall" He said No" jump.
cd out of the window. The revo,ve,
was not in his hand but in his hir
pocket.
The respondent then told of his at.
tempt to mount a horse
How far was the city marshal from
you when he shot you?" asked Counsel
Goddard.
About five feet" was the response
Where was your revolver" asked
counsel.
In my hip pocket" said the witness.
continuing the witness said: IL made
no effort to draw my revolver before
or after the marshal drew his revo,ver
on me. Neither one of us said n word
ana the marshal did not ask ma m
surrender. Am still a member Of IN.
WGterville police department. Mover
made any proposition to Mrs. Ro,x or
Rosie Russell to settle the matter or
made any requests of them nor 10
prosecute. l was not in the woods
which have been described with Lana
Clair that evening. Did not SEQ the
girl after | drove her and the Rutler
boy away but once after that evening
ana that was only for a moment in
front of the Roux house."
On cross-examination witness said
when be was shot by the CITY marsha,
he was sitting on the ground and with
out any warning the marshal fired on
him. Had the revolver in the hin noe
ket and II was from there that the
marshal took the weapon, Run awav
because it would take all his property
10 prove his innocence. Told marshal
mat he was going to start for Cali
fornia that night. Never made the
statement Il shall never go out of this
house alive" to the city marshal. New
er knew Lena Clair and do not re-
member of ever seeing her prior to the
night of June sixth last.
The next witness called was Herbert
w. Aver, an employe of the Waterville
4 Fairfield Railroad Company in the
electrical department. He testified on
the sixth day Of June in the evening
he was ordered by the general manager
OF the company to go down on the
Plains and see if Peterson was using
electric lights in the Libby saloon. Met
Chamberlain on the Plains about 6.45
O'Clock that evening in front of the
Libby saloon and saw by his badge
that he was an officer. Told Chamber
lain what his business was and Cham
berlain told the witness that he was
looking up the liquor business and both
agreed 10 work together. Remained
in Chamberlain's company practically
all the evening until $50 O'clock
Chamberlain took out his watch and
said: 1T is 10 minutes of 10 and the
saloon will soon be closed up" Walked
around and into alleys with Chamber
lain, who was looking for pocket ped
dlers. During the last half hour
Chamberlain was constantly in the
company of the witness, and during
the evening they were together with
the exception of Is minutes. Never
met Chamberlain before this night al
though knew who he was.
The oss-examination failed to
bring out anything new.
George r. Quincy of Waterville, was
called and testified that Fred Butler
had told him and two other men that
Officer Chamberlain had caught him
with his girl.
On cross-eXamination witness said
that although he was in the vicinity
all the evening he did not once see
Chamberlain.
George POoler and George Langry
corrobcrated the testimony of Quincy.
Other witnesses testified that they
believed the Clair girl was more than
IA years of age.
George s. Thyng, a public carriage
driver testified to driving the officers
to the Chamberlain house on the day
that the man was arrested. When
fell from the horse he
was in a partly sitting position with
lis hand on his hip. The marshal said
within five feet of Chamberla in: Hold
up your hands" Chamberlain did not
and the marshal fired. Chamberlain
was very much exhausted from his
long run.
On cross examination witness testi-
fed that he did not see the marshal
lake a revolver from Chamberlain.
Court will convene at 9.45 O'Clock.
Friday morning.