Norwich bulletin., 1917-05-22


| of Stonington, commonly known as
Cape Ann" when the latter struck
and knocked overheard John Cleary of
New London from the Pendleton wharf
| in Stonington, two weeks ago. both
Andrews and Higgins were arrested.
They were charged with the murder of
Cleary, and both pleaded not guilty
when arraigned before Judge Frank
H. Hinckley in the Stonington town
court, Monday morning. Judge Wur-
tenn A. Breed was counsel for Higgins.
and DIR. James H. Weeks, not law
yer, appeared as counsel for Andrews
Judge Breed asked for a continu-
ance in order to give time TO prepare
defence.
Prosecuting Attorney Benjamin H.
Hewitt said he was willing to expose
the states case, and. after that was
done, he would not oppose the motion
If there was not sufficient testimony to
warrant the court in finding suff1clent
cause to hold the accused for the su-
perior court. Under the circumstances
he did not feel like stopping the pro
ceedings until the court had heard the
| testimony.
Dr.. Henry C. Little, medical ex-
morning of May II, he was
called into the case. He found John
Clearly age Al, of New London, in the
water dead between a coal barge and
the Pendleton wharf. The body was
floating, with the crown of the head
above water, the face being downward
| In his opinion the body had been in
| the water but short time, probably
an hour. as the skin was not at all
macerated, and there was no shrivell-
| ing of the fingers or toes. He said
there was water in the lungs and
stomach but he could not tell how
much. He rolled the body on a barrel
and considerable water was emitted.
He did not notice any cuts or bruises,
| except some scratches that were not
skin deep. 1t was perhaps a question
vxrI1a al Ia 11RarV
| to drowning or other cause, but he
/ held to the opinion 1t was from drown
ing. He might have been dead before
be fell into the water, or he might
have come in contact with something
while falling towards the water.
BY Judge Breed-The wounds were
| simply scratches and were not sufh-
cient to cause death.
BY DIR. Weeks-There was nothing
between the barge and wharf to pre-
vent the body from sinking. The
barge was not on the bottom. but was
af1oat It was possible for the clothes
to come in contact with the wharf and
prevent the body from sinking, and the
clothing tended to keep the body aioat-
The barge was four or five feet from
the wharf.
Deputy Sheriff William H. Casey
testified that he never knew Higgins
until last Saturday, and made vol
untary statement to him He was IN
troduced by Michael Carey. Higgins
said that on the night before the body
was found, that he (Higgins) Cape
Ann Cleary, and two other men were
on the wharf That CIeary and ',Cape
Ann got into fight, and that Cape
Ann" struck Cleary and knocked him
overheard, and that the two other men
prevented Higgins from interfering.
Higgins said he did not want to be
classcd as a murderer, that the matter
troubled him and he wanted to get it
off his mind. He said Cape Ann"
had previously told him that Cleary
had $50. He said he saw the fight and
heard the splash. Sheriff Casey testi-
fed that with Higgins and Casey, he
motored to Stonington, and gave the
information. just as he received II to
Deputy SHERIFF Bro ughton. Higgins
was somewhat under the influence OF
liquor. Witness was present when
Sheriff Broughton arrested Andrews
In response to a question by DR..
Weeks the witness said he saw Hig-
sins sign a written statement Satur-
day night, but did not read the state
Inent.
Michael J. Carey testified that he
about o'clock, and that they were
together until II and had about
dozen glasses OF beer. 1t was after
this, and while in a Pawcatuck sa-
loon, that Higgins said he had some
thing on his mind in regard to the
man who was drowned at Stonington
and that he could not rest contented
until he had relieved his mind. Then
witness suggested Jn3C ne tell the story
to Sheriff Casey and to tell it all if
he wanted his mind relieved. Higgins
mentioned the name Cape Ann" and
told of hearing the splash as the man
struck the water. They went out and
met Sheriff Casey and witness told !
Higgins that he was the man TO tell
what he knew OF the case, if he were
SO inclined.
Deputy Sheriff William F. Brough-
ton testified that he arrested John An
drews Saturday afternoon and held
Higgins at the request of Prosecutor
Hewitt. He never saw Higgins and
Andrews together He saw Higgins
two hours after the arrest of Andrews, |
and asked him if he was willing to
repeat the story he had told Sheriff |
Casey. He replied by asking: What
story" The witness repeated the
story and Higgins declared he was not
there. He did say that on the night
in question he met Andrews who ask
ed him to go aboard a barge with him
and get some money from the captain.
and he replied that he was not that
kind of fellow. Andrews asked him
if he did not like money and he said
he did, but did not want to get it that
way. Sheriff Broughton testified that
he was present when the prosecutor
told Andrews of the crime of which he
was charged. in connection with Hig-
gins, and Andrews said he had not
seen Higgins for several weeks.
James H. Ledwith, a crossing tender,
bCSliISo that lie saw AndISWS anu
gins together near the crossing on a
Friday or Saturday evening. May IL
or IL. and that they both went up over
the hill to the eastward.
Thomas O'Connen. borough patrol
man, testified that on Saturday after
noon. in the court room. and at the re-
quest of Prosecutor Hewitt. he got the
court paper and gave it to Higgins for
him to write statements. the contents
of which he did not know. Higgins told
conflicting stories before writing the
statements.
These statements were then submit
ted by Prosecutor Hewitt Higgins ad-
mitted telling Casey of a man being
struck and knocked overheard, that he
was on the wharf at the time and he
heard the splash. and that he wanted
to get the matter off his mind. Hig-
gins also wrote that he told Deputy
Sheriff Casey that he went to the
wharf with C1eary and told of the
fight between Cleary and Andrews and
that Jack grabbed Cleary and threw
him overheard. He wrote that he told