Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-01-27
NOT GUILTY.
Verdict Of Jury In Case
Of Harry McMaster
Charged With Being Accessory
In Randolph Burglary.
The Smiths Plead Guilty to Severa
Burglary Indictments.

The trial of criminal cases in tho
superior court began Tuesday mOih-
ing. Fred S. Smith and Pearl Smith
of Pittston pleaded guilty to the sew
cral breaking and entering and larceny
charges on which indictments were
found against them by the grand jury.
Williamson 4 Atkins appeared as coun-
sci for them.
Harry 7. McMaster, who was in
Gicted with them as an accessory i'll
! the case of breaking and entering and
| larceny from the store of GrayHil-
dreth Co. at Randolph. Nov. 2S, 1868,
stood trial before drawn jury with c.
| c. Follett\ of Waterville as foreman
Hcselton for defendant.
| Frank j.. Gray of Gardiner, president
OF the Gray Hildreth Co. testified that
| he was notified of the break into the
store at Randolph Sunday morning,
Nov 20 He visited the store later in
the lay and found that groceries of
| every description had been taken in
large quantities. Entrance to the store
vas effected by breaking square of
glass in window at the south end of
| the building.
| :. Deputy Sheriff Martin Burns of Gar
| diLer testified to searching the house
occupied by Mr.. and Mrs. Smith al
Iittston for stolen goods and finding
lMcMaster there. After the first search
Harry NIcMaster and Charles Went
worth came to his office and told him
| where more stolen goods could be
! found at the Smith house. Found the
| hide in the overhead part of the shed
and a larger quantity of stolen goods
than were at first found was discovered
there. City Marshal Cults If Gardiner
| Ccrroboratcd the story of Deputy Sher-
if Burns.
Charles A. Wentworth testified that
| McMaster came into his place and Of
| fered him a cigar on Monday following
the break. He said in FUN: "1ll bet
| that's one Of Gray Hildreth's cigars
and McMaster smiled but did not re-
ply. Capt Henry J. Erskine. the owncr
of the house in which the Smiths lived
and Winfield S. Brookings of PittstOn
also testified in regard to the findiii%
Of the stolen goods in the hide over
the shed. Edwin M. Rowe of Randolph
| testified as to the loss OF his wagon
and his subsequent identification Of it
after it was taken from the water.
| Melville w. Reynolds of Randolph tes-
| titled to seeing early Sunday morning
| near the railroad station in Randolph
| a wagon with a man and woman
crouching near it.
| Judge James NJ. Larrabee of the
| Gardiner police court testified that II"
had a talk with McMaster at the Gar
diner police station after his arrest and
| that McMaster said II response to his
question as to what he had to do with
tie break: II helped conceal the goods
| and helped run the wagon INTO the
stream"
The most sensational part of the
hearing was when Fred Smith was
brought from Jail as witness i'm the
case. On crOsS-eXaminntIon Attorney
Heseltun, counsel for McMaster, asked
Smith if he did not on the previous
afternoon first state that McMaster
broke into the store. aid then after
wards deny making any such state
ment Attorney Williamson. as coun-
sci for Smith, requested that the ques
ton should not be allowed as the con-
versation was in the nature Of con-
ference with client and counsel. The
Judge overruled the objection to a;
much of the testimony as related to
what happened when attorneys for both
parties were present.
Deputy Sheriff Burns. recalled, testi-
fled that Smith told him that McMas
ter broke into the store with a piece OF
lead pipe and that he and McMaster
logged the goods out of the store to-
gether This closed the testimony
brought out at the forenoon session.
McMaster took the stand in his own
behalf and testified that while he as
sisted in concealing the goods he did
not know that they were stolen, but
supposed that Smith had purchased
them and intended to engage in the
peddlng business.
The mother and father of the young
man were in the court room during the
trial and the father took the stand in
his sons behalf. The jury after being
out about 20 minutes returned a YER
dict of not guilty.
nuisance case was fined $3.50 and costs |
of $40 /or four months in Jail. Four
single sale indictments against him |
were filed upon his promise to go out
of business. Heselton for. Lewis.
Eli Clukey of Waterville pleaded |
guilty. upon two counts charging lar
ceny of goods from hotel and restau- |
rant on the grounds of the Central /,
Maine State Fair Association ut Wat |
erville. In the frat case he was tined