Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-11-27

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ed. We have NO new evidence with
which to ask new trial. 80 our only
course u to come to the Governor
and Council.
| Mr.. Thayer submitted copies Of the
evidence at the trial
! Mr.. Thayer cafled attention to
questions by County Attorney a. to
why he didn't appear for that trial in
| February. Was sick with the flu and
that night before the trial, went out
| to get some air and food. Saw some
men go to my house and thought
best not to go back. We shall show
good reasons for all his acts.
Attorney Amity A. L Beauchard
here asked what scope would be al
lowed in this hearing and said he
thought he should be furnished with
copies Of. all afidavits and papers,
| He was informed by Gov. Milf
ken that it was customary to allow
| q wider range than court proceed
ings and admit anything that seems
! to bear on the case. The council
does not SIT as a court Of review but
hears everything presented.
Attorney Thayer resuming. sub
mitted aff1davits from several per-
sons, including:
DR.. e. B. Neatly. who testified to
Rogers poor physical condition, re-
sulting from flu, and not f1t to 90 into
court.
DR.; Caldheld. with DR.. Mansfield.
said Rogers was suffering from fiu
and not able to go into court. The
attending physician also said 50.
Rogers attorney. Mr.. Towle. ad-
vised getting out Of sight, on &C.
count Of not being physically ft to
enter court, and followed that ad.
vice.
The full responsibility for his not
appearing in court rests on his coun-
Sci. But his non-appearance worked
against him with the Jury In Sep
| TENDER.
The matter Of arrests, Mr.. Thayer
SAID, was voluminously covered in
the testimony. many pages. He was
asked If he had ever been arrested
and answered mo-" Later the
county attorney brought up the
| SAME subject. Note what Rogers
said: I meant robbery, ETC." Re-
ferring to arrests in LIQUOR cases
Rogers explained he didn't consider
1t an arrest when notified to appear
at such a time in the municipal
court. The county attorney dwelt
On this answer and asked Rogers if
MS answer was just as true as his
denial of raping the girl.
| Evidence was here read, showing
the attempts to make Rogers UNDER
stand the meaning Of the arrests
In a legal sense and Rogers denials
OF ASA ulting the girl. Mr.. Thayer
said the county attorney then pre-
scented numerous records of techni-
cal arrests.
| When Nicholas Rogers said that
he had never been arrested on q
liquor charge he was honest about
It. as he was never under arrest as
he understood it," said Attorney
Thayer. And practically. the only
thing argued by the county attorney
at the trial was that he evaded one
term Of court and was arrested
for liquor selling"
Afternoon Session
Counsel Thayer called Mrs. Rogers,
who does not speak English well and
Mr.. Bouva Of Portland as an inter-
prefer.
County Attorney Blanchard said
he would not object to reading her
testimony at the trial, but if, as he
gathered from counsers opening.
she was to show conspiracy. as such
testimony was excluded.
She was allowed to proceed and
said after husband died, her brother
brought Annie Guarino to Bangor.
She lived with me. Could not con-
troll her; went out nights.
Attorney Blanchard objected, but
testimony was allowed to proceed.
Mrs. Rogers said she wrote to
brother to take Annie away. be-
cause she could not control her. He
came on Christmas: staid days.
Had trouble with him about selling
my property and Mr.. Rogers. He
said: IF you marry Mich Rogers !
come in weeks and put you out of
the way" Made me go to Mr..
Towle's Office and arrange about SELL
ing property. Had to, to be safe.
Sent word right back to Mr.. Tovle
not to sell it.
Nicholas Rogers gave some Jew
elry at Christmas. Brother was very
angry and made me give it back.
Said If didn't, he would kill me,
Had trouble again with him on
Dec. %. Came about 11.3o and beat
me. Was asleep when he attacked.
He went to drawer after razor and
1 ran upstairs. Mrs George let her
In to their rooms. Beat me again
and only left when Mr.. George
threatened to call police.
Other men came from Boston shout
a week later and tried to get nv
property. We're distant relatives
and said family was big enough to
make trouble for me.
Saw much kissing and huxxfne
between Annie Guarino and Jim and
Joe. Mich Rogers never even talked
with her or was alone with her.
Cross examined by Attorney
Blanchard. Mrs. Rogers said she had
not met Rogers until her husband
died and he began calling. Didn't
meet him at his brother Mxnxie's
home. though often called on Man
xie's wife.
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