Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-12-05

against Harry McMasters was contn-
feet in the warrant, but the Smiths
We're held in the sum of $500 to the
January term OF the superior court.
A crowd so large that the officers
were obliged to turn them away gath
cred around the door of the police sta
ton. eager to get glimpse of the
prisoners and attend the hearing. On
account of the size of the crowd the
doors leading to the court room were
closed, and only witnesses. court OIL
GERS, attorneys and reporters were adj
mitted to the hearing. All the time the
trial was in progress, however, the
crowd of about 200 stood in front Of the
main entrance to the court room in
line that extended across the SIDE
walk and cut into the road.
Will c. Atkins appeared for Mr.. and
Mrs. Smith when they were arraigned
and through their counsel the two
waived the reading of the warrant and
pleaded not guilty The warrant upon
which they were arraigned charged
them with breaking and entering the
store of the Gray Hildreth Co. in Ran
OOlD1- III response " Tic SiueotioiiiiSo VI
County Attorney elect Guy A. Hlldreth
OF Gardiner, who conducted the case
for the State, Deputy Sheriff Martin
Burns and City Marshal Cults testl-
fed to searching the house of Mr. ana
Mrs Smith in PittStOn and finding the
entire list of goods stolen from the
Gray Hildreth Co. store. They also
testified as to the subsequent capture
of the prisoners in Windsorville.
Frank l.. Drake of the Gray Hildreth
Co. testified that the goods found in
Pittston were the goods stolen from
the Hildreth Co. Manager Edgar
3. t'owles of the Gray-Hildreth Co.
store in Randolph testified to visiting
the mill after he was informed Of the
break and finding the front door open.
IIe identified different articles of the
stolen property.
John Erskine testified to seeing a
wagon Sunday morning in the yard of
the house in Pittston occupied by Mr..
and Mrs Smith. The Smiths kept no
horse. Saw the wagon when 1T was
hauled out of the river by Mr.. Fowles.
Melvin w. Reynolds testified to pass
ing Il wagon near the Kennebec Cen
trail crossing in Randolph about LOS A.
NJ Sunday He saw two parties crouch
ing by the wagon. Thought one was a
woman. She had on a long coat. Depu-
ty Sheriff Frank H. Marshall testified
to assisting in the search for stolen
goods at Pittston. The goods We're
found concealed over the shed.
County Attorney-elect Hildreth ask
ed that the court bind the Smiths over.
Judge Larrahee found probable cause
aud bound both Mr.. and Mrs. Smith
over in the sum of $500 to the January
term of the superior court. Attorney
Hildreth asked that the bail be made
$500 for Mrs Smith and $1,000 for Mr..
Smith.
George W. Heselton appeared for
Harry McMasters, whose case was
called up at the close of the trial of
the Smiths. Deputy Sheriff Martin
Burns testified that he swore out a
warrant against McMasters and had
him arrested by Officer Tozier. McMas-
tiers had been in the custody of the
court since his arrest. CrOSs-examined
by Mr.. Heselton Deputy Sheriff Burns
admitted that he did not see Tozier
arrest McMasters, but was present
Wnen ne was locked INTO Ine cell
Charles A. Wentworth testified that
told him Monday that he
backed the wagon into the river and
helped Smith hide the stolen property.
County Attorney Hildreth asked that
be bound over in a rea-
sonable sum to the January term of
the superior court. Attorney Heselton
stated that the warrant charged Nc
Masters with actual breaking and en-
tering Of the store of the Gray-Hil- /!
1reth Co. He submitted that the war
rant was of no value and the return |
arront Gus as Deputy Sheriff Burns, |
y 10 made the return. did not arrest |
he boy, but only saw him locked up. |
Judge Larrabee ruled that the war
ant was invalid and continued the |
,ase Until today, in order that a new
warrant might be served upon McMas-
ers. charging him with aiding and
lbetting the burglary. He furnished |
ponds in the sum of 5000 for his ap-
oearance at the continued hearing
Mr.. and Mrs Smith were taken to the
county Jail at Augusta at p M. by
Deputy Sheriff Burns and City Marshal
QUITS.