Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1911-10-24
a pint of brandy ct Sherbrooke, and
drank the last Of 1t and threw the bottle
away lust before reaching the camp.

0aZo0 Wn6n ne was fOu66Q.
Henry L. Cummings, son of William
c., who was at work with his father,
said that he left there at hslf-past four,
and at that time his father was sober.
William B. Russell of South Paris tes-
titled that Morvenett Cummings came to
his house to inquire where to find his
brother, the last of the afternoon, and
that he could tell by the sense of smell
that the man had been drinking, though
he talked and walked without difficulty.
In opening for the defence Mr.. Wright
stated, as explanatory, that sum of
money, amounting to 1915, had been Sc
cured for Mrs. Cummings, mother Of
these brothers, who bad made her home
with Aorvenett for some years, this
money coming from some property be-
longing to her former husband. Very
soon after this money was received,
Morvenett started for Oxford County to
look up a place to settle, travelling by
way of the Canadian Pacific and the
Grand Trunk, all night and all day, to
South Paris, where he arrived little
after In the afternoon. The affray in
the camp, he said, was begun by a
personal attack on Morvenett by William
G. Cummings, and he laid emphasis on
the contention that even IL Horvenett
exceeded his rights of self.defence, there
was nothing to justify tho charge Of in
| tent to kill.
Aorvenett Cummings then went on
the stand and told his story. He said
that he was 81 years old the first day Of
December, and that his mother, who
separated from her husband many years
ago, has had such home with him as be
has been able to furnish for the past few
years.
The events of the day and night of the
3lst of August we're then related by him.
He is a man of little learning, who has
evidently known the hardships of life.
and his story, while in a sense pictur-
esque and at times somewhat grotesque,
was also, in view of the circumstances,
and the evidence already introduced and
on exhibition in the court room, almost
pitiful.
He said that his mother got her money
on a Wednesday, and within an hour he
started for South Paris. After describ-
ing his journey from Brownville up to
the path which leads to the camp, he
went on:
On the path to the camp saw my
brother coming. He was bowed over
and moved as If 1t was all he could do to
walk. He looked like a man eighty
years old, and / wondered what great
sorrow could have made him an old
man like that. When we met we didn't
stop to shake hands. We grasped each
other by the neck. he bust out cry
ing, and 1 wasn't far behind. We was
terrible glad to see each other.
We went into the camp, and talked
over mattsrs. I told him about the
brandy l had had, and he took out bot
tie full of whiskey. l took couple of
swallows. I wasn't thinking much
about the liquor, was thinking of the
family affairs, and how glad was to see
my brother. I ate little, but I wasn't
hungry, I was thinking too much about
my affairs.
l told him I got the money of We'd
nesdsy, and he said, Eyes, I've been
helping you to get that money" l
said, "No, you amt, there's been four
people helping to got that" which 1
named. We had a dispute over that,
and could see that he looked furious.
I said that was going out, but he said,
"No, you amt" Then l turned to 60
out and he jumped on me from behind,
clawing me and trying to grab me by the
throat. We squabbled, and he went over
backward on to the floor. He was
strong in his arms, and had hard work
to hold him.
The witness then gave a detailed de-
scription of the squabble on the floor, as
circumstantial as newspaper report OF
prize fight, both Of them at times
hollering murder! Help! las loud as
they could holler.
Finally he gave little spring and
threw me of, and that's the last re-
member till some men came in and took
me with them. I was terrible glad to
get out of that camp.
In answer to questions he stated:
| never see that stick till I see 1t In the
court room last night. l didn't take
hold of any stick. l didn't see any jug.
didn't have hold of nothing but him
from the time we clinched. I didn't
touch him no way except with my
hands. was terrible scairt, no man
could be more scairt and live, l guess. l
didn't strike my brother, I'd sooner go
out and be shot than strike my brother.
On cross-examination he said that he
had no bruises except that he was some
sore about his shoulders, and that there
was no blood on him except little on
his left knee.
In the course of bis charge to the
Jury Judge Hanson said that intoxica-
ton is no excuse for crime, but If man
is 30 intoxicated that he does not know
what be is doing, than he is incapable OF
forming an intent.
| About half an hour was spent by the
Jury in considering the case, and they
then returned verdict of guilty OF
assault and battery.
BERaERoN ACQUITTED OF ARSON.
The indictment under which the next
case was tried was against John Hughes
and Omer Bergeron of Rumford, charg.
ing Hughes with setting fire to certain
building in Rumford, and Bergeron with
bring him to do 1t. Hughes pleaded
guilty. Bergeron pleaded not guilty,
and was defended by Albert Beliveau OF
Rumford and NJ. T. O'Brien of Portland.
The case was sharply contested by the
defence. A motion to quash the indict.
ment as insufficient was presented, and
denied by Judge Hanson. Objection.
BY Mr.. O'Brjen, who chiefly conducted
the case, were frequent, and exceptions
to the rulings of the court were several
times taken.
The fire of which this prosecution Ii
the outcome occurred In certain build
ing on Congress Street, Rumford, soor
after midnight on the morning Of March
25th. This building, which is of wood
is two stories In height, there being two
stores on the first floor, and on the sec
ond floor, which is one large room, 9
pool room. At the time of the fire thit
room was run by Bergeron.
The allegation Of the state Is thai
: Hughes set the fire, Bergeron having
promised to pay him twenty-five dollsrl
for doing it, 50 that Bergeron might sc
!, cure the insurance On his pool room out
At.
John q. Dennis, policeman on duty OF
Congress Street, saw the fash Of the fir'
in the pool room window, and running
to the place, found Hughes on tho land
ing at the top of the outside stairway
The two mon went in together anc
Hughes attempted to stop the fire, whicl
: was in tho wall Of the room opposite th'
] door. with bis hands, but could not do II