Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-21

borrowed from Perley Togg and his
son, George Fogg, and which they
had never before swept out before
returning and also there being a piece
of wool Irvine tied to the seat sticks.
In the testimony of Howard Huff he
stated that Saturday morning he took
the Fogg wagon and went to the
home OF George Flewelling to get
three bags of mixed grain, groceries
and bundles OF underware and cloth
ing which his father had pur-
chased in Skowhegan and which
were brought as far as >F'lcwelling's
in his truck and that he tied the
bundle of undcrware to the seat stick
and that he swept the wagon out
because there was a lot of grain In
the bottom, before returning it to
the Foggs.
Doris Huff and Charles Goodnow
were also called and testified. The
State called Mr.. Jewctt, who worked
iii Emerson's market in Skowhegan,
years Of age who related conversa-
ton which he overheard between
Mrs. Huff and her father relative to
the number of turkeys which she had
last fall Mrs. Byron Robinson, a
near neighbour. was called for brief
testimony, and stated that she
thought Mrs. Huff had twenty-five
or twenty-three turkeys in June or
July.
After Mrs. Robinson's testimony,
recess was declared and the first
witness after recess was Howard
Chapman, who testified that the play
was out at about ten minutes of ten.
Colby Yorlle, the owner of the stolen
turkeys was again called for a few
questions, which completed the tes-
timony in the case. Attorney Her.
bert Locke for the defense gave his
argument before the noon adjourn
ment.
At the opening of court Friday aft
ernoon, County Attorney James ii.
Thorne for the State in the case of
State VS.. Daniel Huff. made his ar
gument and Judge Dunn gave his
charge to the jury, in which he eX-
planned. in a most explicit manner
larceny, both ordinary and COM
pound. Judge Dunn dwelt at con-
siderable length upon circumstantial
evidence, which he said will some
times lead to wrong. decisions but
which is recognized as an instrument
in law in the attainment of truth.
He said that circumstantial evidence
must in relation to known facts not
only be so consistent as to establish
ones guilt beyond a reasonable
doubt, but must also be so inconsis-
tent in the whole or in part with any
hope of innocence.
He likened crcumstantial evidence
to the open door Of the chamber of
guilt and the closed door of the
chamber of presumed innocence.
The jury retired at $40. Supper was
served to them in their chamber.
Sometime after eight o'clock the
jurors came to the courtroom and in
response to their request, evidence
was read to them.
The jury returned from their de-
liberation. which started at $40, at
11.30, and pronounced a verdict OF
mot guilty.
The case Of State VS.. Charles \.
Lander of Madison, a member of the
police force, who was charged with Il
single sale of one gallon of high wine
at SO to Arthur Maslin of Madison
, on December G, 1922. was opened by
County Attorney James ii. Thornc
of North Arson for the State. -Four
witnesses for the State, Arthur Mas
lin. Beatrice Maslin, Archie Maslin
and Deputy Sheriff +. >. Adams were
called and testified.
The defense was opened by Attor-
ney William 3. Brown of Madison
and the following witnesses We're
sworn: Charles A. Lander Elton w.
Adams. superintendent of the Electric
company of Madison. James Brooks.
Zachariah Hensbee, James Durwood,
DR.. w. G. Sawyer. Judge Charles O.
| Small. Arthur Monroe. all of Madi-
, son, and Edgar H. Athern of Arson.
! The witnesses who were heard ans
wered queries in regard to Lander's
character and We're W. +. Adams.
Zachariah Hensbce. DR.. Sawyer.
Judge Small. and Mr.. Athcrn, all of
whom agreed that he was of good
character. This case will be resumed
at the opening of court at $50 Sat
urday morning.