Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-11-14

properly cared for during the time
named, and while the States testi-
| mony to that effect was not direct it
was sufficiently strong to cause Judge
| Atkins to hold Jefferson Sawyer All
of the witnesses for the State testified
| that the horses We're very thin, and
several of them told of how some of
| the animals were so weak that they
could not stand. Previous to this case
which was directed against the owners
or caretakers of the horses, another
case against the animals themselves
and which resulted in one of them be-
| ing shot, was instituted by Charles w
Biaisdell of this city. also a State
| agent for prevention of cruelty to ami
mails.
The first witness. Chester Phillips
| told of seeing one horse four weeks
ago. ard that at that time the animal
was very thin and could not get up.
and finally died. The other horses, the
witness testified were thin in flesh.
He was unable to say about the feed
ing as he had not been around at such
times. Although he had heard the
matter discussed he had not had any
real complaints made To him. On
cross examination the witness allowed
that he saw the horses fed in July,
and knew that che roam horse had the
thrush His reason for the horses be-
ing thin was because of the pasture
where they We're kept part of the sum-
mer He also testified TO seeing plenty
of grain in the barn.
f. W. futile admitted at the very
start that he knew nothing about the
feeding of the horses but he did know
that they were all very thin in flesh.
He saw the horses fed and knew that
there was grain and hay in the barn.
MIR Merchant also denied knowledge
about feeding the horses. and said that
he had not been in the barn since last
winter. Mr. Willis allowed that the
witness was afraid to tell what he
knew of tile case. and claimed that
he knew all about it.
Mr.. Ware was the star witness for,
the State, and it was through his tes-@
timony that the younger Sawyer was
held. He testified to visiting the place
three times, the first time alone and
the other times with Mr.. Willis He
said that the first time he saw the
animals they were pretty gooa horses
and that he saw nothing the matter
with them except the lack of feed. Mr..
Ware runs livery stable and said
that he had been about horses all his
life and was familiar with their dis
eases When he saw them the second
time they had not gained, and looked
as L they had been neglected. He told
how Mr. Willis put hay in front of the
horses and that they went at it~as if
they were hungry.
ut was good hay, wasn't it?@ asked
Henry Sawyer.
yes, and a long way from the hors-
es,. was Mr.. Wares reply.
Didn't one horse have the thrush %
was asked, and wasn't that what
made it fall away"
His feet were all right and ne
horse would fall away any if fed was
the reply of the Witness.
Mr.. Ware intefpolated that he was
telling the truth and implied that
others had not.
r. II. Willis testified to seeing the
| horses in August, October and Novem-
Der, and that they were poor and had
not been cleaned sout. The last visit
iiitA were ST po1i tASS Stdiu ildiNAs
stand. IN
Mr.. Ware returned 10 the stand, and
said that on one visit a sister to the
respondents said she would notify
Henry Sawyer if the officers would not
arrest Jefferson Sawyer.
Attorney Sawyer moved that the
case be dismissed. as the State had
shown no evidence regarding either
man rs the writ stated Judge Atkins
said that he should assume that the
horses We're in their custody and did
not entertain the motion. Mr.. Saw
yer then held up his right hand and
was sworn after which he stated his
brothers side of the case. His state
ment also took the form of testimony,
in which he told how Ezekiel Sawyer
had given up all care of the farm
since July LIST and the two brothers
affirmed this. Mr.. Sawyer said that he
owned the horses and went into detail,
explaining how the various horses
had been sick nearly all the time he
had owned them jefferson Sawyer
testified to taking charge of the farm
since July /, 1872 and told how he fed
the horses every day, the quantity of
hay and grain he gave them, and that
he watered them Ezekiel Sawyer's
testimony was along the same line. In
| cross examination he denied being
about the place since the first of July,
and feeding the horses.
MIR. Ware, being recalled, told OF
how he found but little water in the
| tub, last sunday morning when he
and Willis were at the farm, and that
the water was frozen over and that
there were no signs of water on the
sides of the tub.
IF a man can tell two hours after
water has been i'll tub he gets my
goat" said Henry Sawyer.
I'm get. it before I get through, .
said MIR. Ware
This concluded the testimony and
the decision was made as stated at the
beginning.
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