Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1911-10-24

clerk, and was at the dam In cOmpap,
with Furbish at the time. On this testi
mony, and on Deputy Sheriff Hart
seizure above referred to, the state
case was based.
According to the position Of the de
J fence, this man Fox, who has disappear
ed from the scene, is the black sheep
and If any liquor was being put out, i
was Fox who was doing it and not Fur
bish. Furbish went on the stand ant
told very straight story. Fox, he said
was not bis clerk, but was man whom
he had met while on q drive In New
Hampshire, and who had come to boart
with him. He did not know anything
about Fox putting out liquor until b'
began summoning witnesses for thi
trial. Other witnesses were put on, ont
of whom had bought liquor of Fox, anc
the others had seen him have it In som,
Quantity.
| County Attorney Parker argued tha
even II Fox owned the liquor, found OF
Furbish's premises, and was selling wha
had been sold In that locality, the cir
cumstances were such that 1t could no
have been without Furbish's knowledge
The jury took the case about O'Clock
Wednesday afternoon, and after being
out until about half-past nine they wer'
allowed to go, being unable to agree. l
is reported that they stood eight to fou
for acquittal. Furbish was released on hi
own recOgniZance.
MOVEMENT CUMMINGS CONVICTED OF
| ASSAULT AND BATTERY.
Morvenett Cummings of Brownvillt
was next placed on trial, on an indict
ment charging him with assault with in
tent to kill upon bis brother. William G.
Cummings, at a camp in Paris, on the
night of the 31st of August. County At
torney Parker conducted the case for thu
state, and Hon. James s. Wright for tht
defence.
William c. Cummings, man of larg,
frame, 81 years of age, with his right eyt
gone, but otherwise showing no con
spicuous scars of his wounds, told his
story of the affray in q few minutes
time. He stated that he had been a
work in the woods during the past sum
mer for B. Y. Russell, about three mileI
east of South Paris on the Buckfielt
road, and had lived alone in q little
camp in the woods. His story of tht
affair of the 31st of August was in sub
stance somewhat as follows:
My brother Morvenett came to tht
camp should say little after 9 O'Clock
and could see that he had been drink
ing some. Soon after he came, we go
property that was our fathers, and
told him 1 had left the matter in Mr.
Wright's hands. he threw up his hands
aud said, "You didn't do nothing" II,
wanted some supper, and stopped
down to look into the bread box to Sc,
what was there. I heard him movinl
behind me, and looking over my shoul
der, saw him standing over me with {
club raised in his hand. l turned ant
attempted to grab him, but the club fel
on the right side of my head. l senset
that 1 reached out to grab him, ant
didn't know of falling, but the next
can remember l was down on the floor
with him on top of me, and my watel
jug was in his hand, coming down OF
my head. 1t struck my head and wen
to pieces. 1t seemed hours that lay
there, conscious part of the time and un
conscious part of the time. I had hi.
right wrist in my left hand. Finally b,
seemed to get tired out, and said II
would let 60 of his wrist he would ge
off. let 60 and he got up ana sal
down in chair and dozed off into wha
| called drunken stupor. don't know
when my eye was put out. Isupposed
was bleeding to death, but after a while
l managed to get out of the camp, anC
got to Mr.. Russell's house, which il
about third of mile, and raped ant
woke them up.
On cross-examination by Mr.. Wrigh
Mr.. Cummings stated that his brother
Norvenett was some three years oldel
than he, and that he had not seen hin
before for ten or twelve years. HI
named several towns In which he hat
lived, in answer to questions, gave SOM
facts of family history, stated that h'
had three living children, and that hi
wife got divorce from him some year
ago. He had not had any trouble will
his brother before this affair.
Who spoke about the property first
asked Mr.. Wright.
Well, he asked why didn't write, ant
told him didn't know where to flint
him.
In answer to inquiries by Mr.. Wright
he said that he received box of liquo
} short time before the affair, he couldn'
tell just how much. That night he ant
his brother took one drink of whiske
each just after they got into the camp.
Mr.. Cummings stated in answer Il
questions that his brother had neve
been arraigned in court, that he had al
ways been quiet and peaceable, and tha
there had been no trouble between tn
brothers since twenty years ago. Th
trouble began possibly half an hou
after they went into the camp. The
took the drink very soon after going In
On redirect he said that 1t was gal
Ion jug which he used for water, an,
which was broken on his head.
DR.. W. l. Merrill OF South Paris, VIII
was called to Mr.. RusselPs about
o'clock in the morning, and attended Nj
. Cummings, described his injuries, an
bis care for them. The skull was crack
) ed at point above and back of tho righ
eye, and in it was embedded piece o
the jug about the size Of q silver quarter
resting within about q thirty-second
an inch of the brain substance. Anothe
piece Of the jug was taken from seal
wound a little lower. The right ey
was lying out Of Its socket, on the righ
, cheek, split. There were In all eleve
, decorations. There were also bruises b
t the shoulder. The bridge OF the nos
was broken. The man was bleeding prt
! fusely, and prompt attention was nece'
sary. He did not think that there wa
I more than Q chance in thousand ths
. he could recover. DR.. Merrill and .
d assistant gave such first aid as was poi
2 sble, and DR.. Merrill accompanied hir
J to the hospital In Lewiston, where h
!. wounds were cared for. From the ey
. socket there were taken at the hospiti
/: nearly teaspoonful OF small fragment
! of the jug. As far as could be told b
/, the sense Of smell, there were no signs
Q alcohol.
2 On cross. animation the doctor sta
q cd that the possibility of perceivin
> alcohol under certain conditions woul
: depend upon tho quality used, and thi
t the fragments In the eye socket ooul
o not have got In there from the floor.
Q Benjamin Y. Russell described II
9 condition OF Mr.. Cummings when
d reached his house about 2 In the NOR
ing. he called the doctor, and Depul
d Sheriff Cole. he went with the sherl
y to the camp, and they found Morvene
d Cum mings, partly dressed, lying on Il
10 floor, In what he should call drunke
J. condition. A stick Of stove wood ~
" tho fragments Of the jug were lying
y the floor. He saw William G. Cur
IN .A.,.k on L. afkarnnOn ar