Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-02-07
BURKE LOSES
Continued from Page one)

estate. Mr.. Pattangall also question
ed Piper about a trip he and Attorney
Merrill made to Quebec, when they
visited the wholesale liquor dealers
to ascertain If q large quantity Of Ii
quor had been sold to Barley. Piper
said they found no one who had sold
him a large quantity Of liquor and
only one wholesale liquor dealer Who
knew BARLEY. Mr.. Pattangall read
testimony given by Waldo p. Tay-
lor at the last trial of John A. Burke
on the charge of the murder Of Nell
son w. Barley, in which Taylor said
he was at Croker pond on May IA,
from about A. NJ. till 400 p. M. with
Roland Spear. fished both before din
ner and after dinner. and that after
they were done fishing they cleaned
their fish ct the bridge and started
on their return to Jackman about 4.30.
They did not see BARLEY at Croker
pond or meet him on their return to
Jackman.
Testimony Of Roland Joseph Cyr
was also read by Mr.. Pattangall, Iii
WhlSh oPCoI ocio hC "Cul W SfOCheE
pond with Waldo Taylor on May H.
fished, had dinner at McKay's, and
fished again after dinner. Cyr testi-
fed he did not see Bartley either at
the time or meet him on their return
to Jackman.
Testimony Of Joseph Williams, faith
er of Flossie Burke, was read. in
i,1, 81, 10
said to him that If BARLEY was at
Crocker pond on May IA that he (Mc-
Kay) did not see him. Testimony of
Frost H. Williams. son Of Jonas Will
liams and a brother Of Flossie Burke,
was read, in which Williams. stated
that just before the last trial, at
Crocker pond. Mckay asked Frost If
he had been called as a witness. and
Mckay said he had not. but that his
register had been taken; and said that
Bartley's name was on the register on
May IA. but that BARLEY was not 1T
the pond on that day.
This completed the plaintiffs re-
buttal.
For cross-examination Hudson called
-hSAAoS w SHC St1hA anu qdCStiOiiSo
him relative to the conversation which
Jonas Williams and his son, Frost
Williams, had testified to. according
to the stenographic record given at
the last trial. Just read by Mr.. Pat
tangall, to which Mckay in both In
stances made emphatic denial. This
closed the testimony and court ad-
journed at 1890 until P. N.
Judge Spear announced that the fu-
neral Of Daniel Lewis, much re-
spected attorney, for long period Of
years member of the Somerset bar
would be held at 2 2. M. and, out of
respect for Mr.. Lewis, court would not
open until o'clock.
In spite Of the severe storm the
courtroom was filled at o'clock by
those who had been following the trial
and were eager to hear the attorneys
arguments and the judges charge.
These were much disappointed when at
the opening of court Attorney Cover,
one of three attorneys for the de-
Tense, moved that as the burden of the
plaintiff had been to prove that disput-
ed notes had been given for legal
transactions and they had failed to do
so, the court direct verdict for the
defense. which Judge Spear proceeded
to do, stating that he did it solely ON
the ground that the plaintiff had
failed to prove the transactions for
which the notes were given we're legal.
Judge Spear stated that he did not
consider at all whether the signatures
were genuine or not. The verdict was
read by Clerk OF Courts William T.
Seekins and signed by the foreman,
Howard B. Friend. Judge Spear cor
daily expressed. his appreciation of
the jury's interest and patience. and
said that the attorneys also appre-
ciated it.