Daily Kennebec journal., 1908-12-10
As Accessory After .fast
n Burglary Case.
Hearing Held ID Gardiner al Po-
lice Court wednesday.
Lively TIT B,iVssa csai,iiy Any
Ind Counsel fof Defence.

The hearing in the case of Harry Me-
Masters, charged with being an acces-
sory after the fact in connection with
the recent breaking and entering and
larceny from the mill Of the Gray-Hil-
dreth Co.. in Randolph, took place in
the Gardiner police court before Judge
Larrabee Wednesday forenoon, COM
mencing at 10 o'clock. Mr.. and Mrs.
Fred Smith Of Pittston. who were held
for tile grand jury on the breaking,
entering and larceny charge, were
brought down from the county Jail as
witnesses for the State. Hon. George
W. Heselton appeared as counsel for
McMasters and Hon. Will C. Atkins as
counsel for the Smiths. The State was
represented by County Attorney Fred
Emery Beane of Hallowell and County
Attorney Guy A. Hildreth of Gar
diner. An interesting feature of the
hearing was the lively tilt between
County Attorney Beane and Attorneys
Heselton and Atkins. Probable cause
was found and McMasters held to the
January term of the superior court in
the sum of 5000. He furnished bail
Mrs. Pearl Smith was the first wit
ness called by the State. She had
known McMasters for about year.
He was at her house In Pittston a
week ago last Sunday, at which time
both she and her husband were at
home McMasters was also there Sun
day; Monday and Tuesday.
County Attorney-What was McMas-
tiers doing while at your house?
Mrs. Smith-Hiding goods.
Attorney Atkins-I object.
County Attorney Beane argued that
while Mrs Smith. could not be COM
PEELED to answer this question and 9TH
ers like it, she had a perfect right to
il she desired to do so of her own free
will
Judge Larrabee ruled that while Mr..
and Mrs Smith were not obliged to
incriminate themselves they were wit
nesses under oath and were obliged to
answer any other questions that
might be asked them.
After this byplay was over, Mrs.
Smith in response to the questioning
Of the county attorney testified fur
thef: She did not know where Nc
Masters was when she was arrested.
He had been at her home frequently.
She did not know that he had any
business.
/. Fred S. Smith testified that he was
a stone maGbn by trade. Had lived in
Pttston few weeks. Had been mar
ried about year. Had known Nc
Masters four years. He was at the
house Saturday. Sunday and Monday
County Attorney-What was he do
ing there?
Smith, don't know.
County Attorney-Don't say that
Simply say you don't want to tell.
County Attorney-Was McMasters
with you all night Sunday night?
Attorney Heselton-Re careful how
you answer his questions. This man
is trying by his coyly worded oues-
tons to weave a silken thread that
shall draw you down to Thomaston.
? County Attorney never tried to get
a man to Thomaston. 1 am seeking
simply after truth. Perhaps some
other county attorneys in the past
have simply tried to get men to Thorn
aston to increase their professional
reputation.
Smith further testified that McMas-
ters came. up town with him Monday
and went back with him Monday
night. Smith said he did not see him
: Tuesday night as he (Smith) was in
Nndsorville.
County Attorney Whatever you
we're doing Monday and Tuesday fore
noon. did McMasters help?
Smith-Yes. ti.
Charles A. Wentworth testified that
he met McMasters both Monday and
Tuesday evening. He went with MIN
to the Smith house in Pittston Tues
DAY evening after the officers had nade
! the raid John Erskine, the owner OF
| the house. was there at the time. Nc
Masters asked F)rskine' IL there was an
attic in the. wood shed. He said there
was and Harry at once awentsswhere
the stuff was hid. He and McMasters
later in the evening informed Mr..
Burns of the hide. On their return
AcMasters told Wentworth that he
helped take the wagon apart and run
into the river. He also told Went
worth that he made the. hide, ~ .sr3
SitsSss en- anhned by Attorney suesei
toh Wentworth testified that he and
cMasters in company with other par
ues went to Augusta Saturday nlght.
AcMasters came bacKsat BE-, He and
others in the party came back on the
Pullman and, saw McMasters stand
ng on the station platform IN tsardi-
Mr. Didn't see that McMasters showed
ny evidence of trying to conceal any
nlng Tuesday night. McMasters never
Nd that he thought the officers were
siter the guilty nor said that he helped
Mt the goods in the attic.
City Marshal Cults testified that he
new McMasters and that McMasters
was at the Smith house when he visit
0N Tuesday. AT first he said he did
uot know that the boy worked any,
where, but afterwards stated that he
aad been employed at times by Ex-
@essman Tozier. .--.-..s. 49,.
H.