Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-05-22
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me most important witness was
Horace Clifford, who was put on the
stand immediately after dinner He
| stated that he ate supper late Friday
nlght and retired While in he'd he
heard Hayes go IN the road to his
home with Arthur Bagiev. who was
guarding Hayes. He was awakened n
short time later by someone in the
| dooryard and he went to a window aud
asked who was there. HAYES replied.
1 want TO see Leila" Mr., clifford tolu
him that Leila was at Mr., percivalas.
| a neighhor HAYES replied 4 am not
setng down there, send her down /.
Hayes went away mutterng
In the meantime Clifford went down
stairs and barred the door with a
| chair and returned to he'd. Later he
| looked out of the window and saw sew
| eral young men who had been hanging
| Mayhaskets and he asked of a Carey
| hey where Hayes had gone. He told
| him down the road.
II was but few minutes later that
he heard noise at his deer and taking
| his rifle he went down stairs and saw
| after opening the dor into the kitchen
taEes endeavoring to crawl through
/ the window. He had succeeded in get
ting the chair away from the door
Clifford testified that he told him to
get out hut that Hayes replied Glory
TO Cod. You are a devil and I win get
| YOU He came toward Clifford again
Clifford stated that the last time he
pushed him back. using the muzzle Of
the rife. the gun discharged
Il didn't realize the trigger was up"
stated the witness. and after the gun
was discharged he again came toward
the window and grabbed the casing
He was angry and raving and was
throwing his arms wildly until he
staggered and fell back
1T was then Arthur Bagley came
and asked me why | shot him and
told him l did not know the hammer
was up. Others came and some one
called for whiskey to give Hayes. After
Mr.. Brown came we moved the man
| into the house and sent for a physician
Hayes did not appear sane and never
accused anyone for shooting him. He
| died about lois o'clock"
The witness stated to Attorney Will
| Hanson that he had several guns in
the house but that he had Just loaded
the rifle on Thursday night. He never
kept il at the head of his bed before but
| he did not know what might happen.
as Hayes had been running up and
| down tho road before in a wild condi-
| ton and he feared that if Hayes en-
tered mis- house he would kill the whole
| family. He stated that the man had
never shown any attention to his
daughter before and that Leila had new
| er spoken of him. While driving in
| Benton Falls on Friday afternoon Mrs.
| Clifford and her daughter saw Hayes
sitting on the schoOIhouse steps. They
We're afraid of him. although there had
1 never been any friction between the
| two families. At times both Clifford
| and Hayes had Eeen in the employ of
| Frank Bessy in Clinton. but in the
winter Clifford was laid off. as there
was rot enough work. He had never
| made any threats against the man and
when rational.
Clifford stated that he did not think
| he pulled the trigger of the gun but
might have hit it against the casing
| when pushing Hayes out. He pushed
| him away about six times. To one of
| the jurors Clifford stated that he new
| er feared Hayes until that night.
DIR. C. II. Newcomb testified as to
| the condition of the man who was
shot and as to the course of the bull
| let. He also testified as to Hayes
mental condition.
Frank l.. Bessy. of Clinton, owner
| of a tannery testified that about two
years ago Hayes. while working for
him. showed mental unsoundness and
was laid off for about three months
until he recovered. Last Tuesday
morning Mr.. Bessey again noticed
trouble with Hayes, who wanted to
borrow money and acted in a strange
menner. He would not go to his home
and would not work but finally Mr.
Bessey persuaded him to return home
and left him in charge of Arthur
Bagely. Mr.. Bessey notified Mr.. Cliff
ford of his condition last Wednesday.
Otis Brown of Benton testified that
he knew both men. Clifford moved to
that community about 13 years ago
and Hayes about eight years ago. Both
were of good moral character. He
knew that there was insanity in the
Hayes family.
Leslie Carey of Detroit. who was
with Rhodes Carey, his nephew. Frank
Carey and George Philbrook. testified
that they were out hanging Maybas-
kets between 9 and 10 o'clock He did
not hear the rife shot but when pass
ing the Clifford house he heard some
one ask him to come in. He went
around to the rear door and saw
Hayes on the ground.
Frank r. Carey testified that they
saw Hayes down the road hiding be-
hind tree and after they passed him
he came from his hiding place and
followed. Carey was going after
Bagely. Hayes keeper when he heard
the shot. He saw Bagely looking for
Hayes with a lantern and they both
went to the Clifford home He heard
Hayes screaming.
After the testimony had been sub
mitted the jury again visited the Cliff
ford home, where they went over in
detail the testimony. They fitted the
trigger of the rifle to a dent in the
casing and We're reasonably sure that
the trigger was pulled in this manner.
h0If Z he hau