Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-01-18
JURY DISlGREES IN
WARREN AND SMITH
CASE; LARCENY CHARGED

Alter nNc hours and a half consid-
Grafton of the evidence in the case of
State vs. George l.. Warren and Fred
crick Smith. both of Fairfield Center
charged with breaking. entering and
larceny. the jury reported a disagree
ment at $40 last night and was dis
charged. court adjourning until 10
o CLOCK TINS morning when another
case against the same respondents and
case against Israel Davis of Water
VILE Tor receiving stolen goods will he
in order for trial Benedict i, Nahcr
of this city and IL. II. Bra2zcll of Fair
held were counsel for the respondents.
while County Attorney Walter NJ. Sam
born handled the case for the State.
According to the indictment, the re-
spondcnts were alleged to have broken
into the barn of John Plisga of Sidney
on the night of Oct. 10. 1922. and to
nave stolen calf, valued at SIS, and
a double harness. valued at $50. Some
of the States witnesses claimed that
the break occurred on the night Of
October .. and County Attorney San
born raised the point that they were
not bound to show the exact date of
the break.
The defense furnished an alibi for
each of the respondents which the
state did not break in the least. The
element of time and the testimony of
Frank Murray. witness for the State
and alleged conSpirator with Warren
and Smith. were fully discussed in the
| argument for both sides and also men,
toned in the closing instructions of
| the court,
The jury did not ask for instructions
or to refresh their memory with the
reading of evidence. occupying the en-
tire period with discussing the case
| 1T was reported that they stood eight
| TO Tour Tor conviction, although no an
nouncement was made in court.
AT the opening of the afternoon SEES
| sion a sentence of seven months in
Jail was imposed upon John T.. Maho-
| ney of Gardiner. who pleaded nolo to
the charge of assault and battery.
Lost Calf and Harness
| John Plisga of Sidney, the COM
plainant. testified that his barn was
broken into about the 10th of Octo-
Der. 1922, and Guernsey cali
and double harness taken. He
was informed of the occurrence
| while at work in the HOllingSwortf
Il Whitney mill by his son. He mott
| fled. Deputy Sheriff Dignam and ar
rived about o'clock in the morning
On cross examination he first
! placed the date of the break as the
night of the 10th or the morning OF
the 18th. and later stated it was
Monday. the 9th. He stated the win
| dow in the barn was broken.
He also declared that it rained SC
hard that all tracks were washed
away. He also mentioned a break
that had occurred 10 days previous
to this break when hens We're taken
Mr.. Dignam. then deputy sheriff
| testified to locating the calf at the
| home of Israel Davis on High street
Waterville. He did not visit the
! scene of the break. He thought
/ Plisga came to him on October II.
Was With Respondents
Frank Murray of Fairfield Center
stated that he knew both Smith and
Warren. He first went to the Plisga
place in September and then made
| another trip in October. about the
10th. He met Warren about s O'Clock
| i'll Green's store at the Center and
was invited to so for ride. Smith
went with them and they went in
| WarrenS car to the PliSga place in
Sidney. He stayed in the car and
the others went to the barn, return
| They went to Israel Davis on High
| street, Waterville, and left the calf
| They were obliged to wake Israel
] up.
| On cross examination. he stated
that" hGF first Went to ride with War
rem about fair time. He outlined
! the details OF the ride. saying that
they stopped in Waterville two hours
! on the way down, but that he did not
get out of the car. He said he got
out at the Plisga place, but stayed
| by the car. He did not know what
was going on or he would not have
gone.
What did they do" asked Mr.
Maher. take YOU along as a witness
/ to testify against them?"
| 81 guess So" declared the witness
On redirect examination the wit
ness told Of the first trip to Plisga's
stating that he received $16.7S fol-
animation, he stated that he die
not receive any money for the call
and nothing was said about it.
| Attorney BraZzell in opening foi
| the defense, outlined his viewpoint
and was prepared with alibis fol
both respondents.
Had Perfect Alibis
| Mr.. Smith said he had been drink
| ing for several days and his wife had
| left him to so to her home. lie had
engaged room at Mrs. Stanchfield':
on Sunday. Oct. s, and had beer
working right along. Tuesday night
| he went to Green's store and saw
i Warren there early in the evening
He had had trouble with Warren in
the spring and they barely spoke
He also had a telephone conversation
with Mrs. Libby from the store. The
next day he had gone with the Lib
! bys to Windsor with his children tC
leave them at his wife's home. He
said Warren left the store with Rue
Green. father of Taber, the proprie-
tor of the place.
He left the store about 9 or 90
and went to Green's to borrow mon
ev. Then he went to Stanchfield''
and after talking for a while with
Mrs. Stanchfield had gone to bed. He
|