Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-12-17
Attorney General Argues in
Aloostook Murder Case
Which Comes Before Law Court
On Appeal and Exceptions.
Limestone Personal Damage Ae.
ton -lmporiaRt hsserlpts.

Attorney General warren y. Inil
brook appeared Friday afternoon be-
fore the law court to argue the States
side Of the Aroostook county murder
case of State VS.. Friel. The case comes
up on appeal of the respondent
Charles r. Friel Of .Amity, who had
been found guilty of the killing of his
uncle, John F'riel of the same town.
The ground of appeal was that the
evidence of the State was insufficient
and exceptions were also taken by the
respondents counsel upon the fact that
after the jury had retired with the
case they came back into the court
room for further Instructions and the
presiding justice began his instruc-
ttons during the absence of the respon-
dent. The justice almost immediatel,
discovered this absence. sent for the
respondent and repeated i'll his pres
ence the instructions that had beer
given in his absence together witt
some additional instructions.
The respondent claims that this was
error and seeks to have the verdict SET
aside and new trial ordered. The
State claims that it was not error anC
firned with judgment for the State
Don A. II. Powers and James Archi-
banld of Houlton are counsel for the
respondent and Mr. Archibald argued
the case Friday before the law court.
The crime Of which the respondent
was found guilty was the result of q
quarrel between Charles r. Friel anG
his uncle, John F'riel. The two sepa-
rated and the respondent drove away
with his team. The young man it is
alleged. called at two different places
asking for the loan of rifle. At the
first place witnesses testified that he
said: II am going to shoot John Friel
if he doesn't come out and fight me
fair" He secured a rifle at the Sec
ond calling place. came back to the
scene of the quarrel and fired three
shots. the third one being fatal and
resulting ilr the death of John Friel.
The shooting took place on the evening
of Nov. /. 1909. and the case was tried
at the April term of this year of the
Aroostook county supreme judicial
court. Associate Justice Savage presid
ing. The respondent at the trial claim
ed that the shooting was done in self
defence.
Another important Aroostook county
case argued before the law court Fri
day was the personal damage action of
Leonard Griffith of Newport VS.. Will
liam G. Brown of Limestone brought
for injuries received through alleged
negligence of the defendant, who was
driving an automobile at the time the
accident occurred. With this action
was heard another one growing out of
the same incident, that Of Mary f..
Griffith. wife Of the plaintiff, against
the same defendant.
The plaintiff claims that OH August
90, 1909 his wife and himself were
thrown from his team on account Of
the horse being frightened by reason
of the defendant failing to stop his
automobile when he saw the team ap-
preaching. The -Aroostook supreme
court awarded Griffith 1925 damages
and Mrs Griffith damages to the
amount of s1729.1e. The case comes
up on the plaintiffs motion for new
trial on the ground of. newly discover
cd evidence. W. Il. Hall of Caribou
appeared for the plaintiff and Ira G.
Hersey of Houlton for the defendant.
Other ArOostook county cases heard
Friday were: Frank W. Titcomb VS..
Matte n. Powers, ert, r. W. Shaw for
plaintiff. Walter A. Powers for de-
PENDANT: Jonathan Currie VS.. Edward
l.. Cleveland, ct al. r. w. Shaw for
plaintiff. James Archibald for defend.
ant.
County Attorney William c. Eaton
of Cumberland county was at the
courthouse Friday afternoon expecting
that several important Cumberland
county cases in which he was interest
ed as a prosecuting attorney would be
heard Saturday. A change has been
made. however. in the order of the
docket and the Franklin county cases
will be in order for argument Satur-
day. while the Cumberland county
cases will not be argued until Monday.