Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-02-05
SUPERIOR COURT
Judge Directs Verdict for Re-
sp0ndent in Case Against
Charles Allard Of SOmerville,
Charged with Killing a Cow
Moose, Oct. 80, at SOmerville

Moose, Oct. 80, at SOmerville
Tho first moose case to come be-
fore the superior court Of Kennebec
county within the memory Of court
officials, was beard at the Wednesday
session. the case of State VS.. Charles
Alia1d ct Someryiiie. charged with
the killing CT COW moose in Somer-
vile on Oct. 80 last, and at the con-
ciusion Of the testimony presented.
verdict for the respondent was d.
rected by Judge Beane. When the
evidence was completed Attorney
Frank G. harrington. counse! for the
respondent. asked that the court or
DER verdict for the respondent his
motion being on the ground that the
State had failed to connect the re
spondent with the crime.
In reply to this motion County At
torney Walter n. Sanborn stated that
he had taken the case az the direction
Of the State Department Of Fish and
Game. He felt that the State had
made out at least a p-ima facie &C Sc.
if not better. and he entered pre-
test against the judge directing the
verdict for the respondent.
Judge Beane stated that the State
is required to prove beyond 4 reason
, a BILE doubt in order 10 sustain its con-
tention. and that he had not detected
any piece Of testimony produced
either by the State or brought out
upon cross-examinatio which estab-
iished any connection between the re-
spondent and the shooting CT the
moose. and he ordered the jury TO re-
turn its verdict for the respondent.
This the jury did Immediately, the
foreman announcing tins verdict not
guilty" RICH; then and there.
This case arose on a complaint is
sued from the Augusta municips-l
court. the complainant being warden
Bertrand Smith OF Augusta.
At the opening Of the Wednesday
session Of the cour, the case was be-
gun Jurors A. \. Douglass OF Chez
sea and Walter Euggles were cfal-
lenged by the defense. and their
places were filled by Z. L. Gedney Of
Augusta and Fred ". Snow Of Man
chester.
County Attorney Sanborn then out
lined the case as the State expected
TO prove it.
Eight witnesses were sworn in for
the State
Herbert 4. CIarl: of South jefferson
testified that in addition TO his duties
, as proprietor of the general store and
at the post Office there, he is a war
den of Lincoln county. He had been
notified that COW moose had been
killed on the Somerville highway on
Oct. 80 last. He went there that eve
ming about dark and found the moose
shot and lying in the highway. His
son had accompanied him when he
went there. Around the moose sew
eral people were standing. Witness
had gone to Mr.. Whittier'S home and
telephoned Thomas James at Augusta
for instructions. and Mr.. James had
said to bring the moose to Augusta.
He had made arrangements and the
next day Mr.. Whittier took the moose
, to Augusta. The moose was dead
when Mr.. Clark arrived there that
evening. and it was his opinion that
! the moose then lay where it dropped.
From the tracks he judged that the
moose had gone up the highway a
short distance and back. having gone
perhaps four or five rods.
Cross-examined by Attorney Far
rington. witness testified that Allard
was there and helped load the moose
upon the truck.
At the suggestion of counsel. War
den Bertrand Smith of Augusta drew
upon the blackboard a diagram of the
locality where the moose was found.
Edward E. Pierpont Of Washing
ton. testified that on the evening Of
Oct 80, he and Mr.. Brown were driv-
ing in an automobile from Somer-
vile towards Augusta and when
about half way down the hill near
, the Somervlle line they had met MI
Allard at point opposite from
where the moose was found. That
was about $50 P NJ. Coming around