The Republican journal. [volume] (Belfast, Me.) 1829-current, 1912-01-18
SUPREME JUDICIAL COURT.
Chief Justice William P. Whitehouse OF
Augusta Presiding.

SaA.SA S"Ssi~S "AHoAH - WuSeHOuSe OF
Augusta Presiding.
The case of the State VS.. Harry w. B. Ken.
dali, on trial Wednesday afternoon, Jan. 10th
was continued Thursday morning. He was
charged with larceny from the person of
Harry L. Jordan of Searsmont in the indict-
ment found by the grand jury, but AZ the
money was said to have been taken from under
his pillow in the back room of barber's shop
State and the charge made "simple larceny"
Many Of the witnesses heard Wednesday after
noon were recalled and Kendall was on the
stand in his own defence On cross examine
tion he admitted that he had spent five years
in Sing Sing prison for robbery, but had been
pa rdoned when another man had confessed to
the crime; also that he had served two years
in the Maine State prison, for larceny, sem
fenced from the Penobscot county court. The
defence denied the larceny of any part of the
money, and claimed that Jordan had paid for
at least five pints of Diamond Wedding Rye
and had spent his money with lavish hand.
H. c. Buzzell for the defence said that the
timbers of Searsmont to paint the town red;''
that both men were more or less intoxicated,
and that the respondent, although he had
served sentences in two prisons, had since then
married highly respected young woman and
since his marriage had mott been arrested for
any crime. County Attorney Littlefeld made
an able presentation of the case, in which he
said: Il am here to do my duty as County At
torney; not to send an innocent man to jail,
but to see that the State gets its case present.
ed to the best of my ability" In his charge to
the jury at the opening of the afternoon ses-
sion Judge Whitehouse said that the re-
spondent's past record had nothing to do with
the present case. except as his reliability as a
witness; that they should not argue that be-
cause he may have committed crime once he
may have done so again. They were to de-
eide from the evidence presented them
whether he was guilty of the crime for which
he was indicted. The jury retired at O'Clock
and at o'clock had not reported and were in
structed to return a sealed verdict should
they be able to agree. At midnight they had
not reached an agreement and on the opening
of the court Friday morning reported that
they were unable to agree. Judge Whitehouse
suggested mol pressing the case, but Attorney
Littlefield moved to continue it to the April
term, accepting the personal recognizance of
the respondent in the sum of $500.
Earl D. Bean of Corinth was placed on trial
Thursday afternoon on an Indictment for man.
slaughter. He was charged with causing the
death of 12-year old Ralph w. Emerson at
Liberty December 8, 1911, by shooting with a
rifle. 1t was the first case of the kind-the
mistaking of person for deer-ever tried
in the Waldo county court. There was no
contention as to facts. All of the testimony, in
cluding that of the respondent, was presented
by the State, the defence being content with
cross-examination. Earl D. Bean. the re-
spondent, said that he was q years old, lived
in Corinth, graduated from the East Corinth
academy last June, and had been on the Keith
vaudeville circuit as a singer; that he was
married last March and was the father of a
week-old child. At the time of the alleged
crime he was in Liberty on two weeks vaca-
ton. He then told the story of the shooting,
substantially as printed at the time. and was
corroborated by the deposition of Bert Boyn-
ton, who was with him at the time and by
Deputy Whitaker Attorney John R. Dunton
for the defence said that there was no con-
tention as to the facts. He said there was a
general feeling in the community that case
of carelessness should be punished as an ex-
ample, but he did not think the people de-
manded victim. He said that there was no
doubt that both Bean and Boynton were fully
convinced they saw deer; that two fences
path across the field, and it was where no per-
sons were expected or looked for. County
Attorney Littlefield closed for the State. JUS
tice Whitehouse explained the law to the jury
and told them that it was for them to decide
whether this was case of excusabe accident
or negligence. The jury was then excused
until the opening of court Friday morning.
1t took the jury less than ten minutes
to decide upon verdict Of not guilty, and they
SO reported to the court Friday morning. No
other result was expected, but Mr.. Bean was
warmly congratulated. He went to Liberty to
join his wife and child, who were stopping
with her people.
The juries were discharged at 1925 a. m
Friday and the court finally adjourned few
hours later.
Foreman Austin w. Keating of the first
traverse jury was presented with handsome
gold mounted brierwood pipe and a box OF
tobacco. with the compliments of his jury, and
Capt. James E. Pendleton of Searsport, fore
man of the second traverse jury, was present.
ed by his jury with handsome cigar case
filled with cigars. The recipients we're much
pleased with these evidences of the regards OF
their fellow jurors. The deputies who were
in the city during the session presented Sheriff
and Mrs. Jenkins with punch bowl and glasses
The following cases were disposed of:
CIVIL CASES.
S. E. Briggs & Son VS.. Thomas Thompson
and G. w. Thompson. Personal notice ordered
at the September term and defaulted this term
and continued for judgment Brown & Hasty
for plaintiff; o. Y. Keyes for G. W. Thompson
Clara Stevens Staples, libelant,vs. Lewis B
Staples. Parties live in Stockton. At the
January term last year, the libellee was order.
ed to pay $25 into court for counsel fees b,
middle of vacation; a petition for specifica
tions was granted at the April term and
check sent to the attorney; at this term
motion was filed for an order that libellee