Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-10-06

charged with setting the fire. Ellis
was convicted some years ago of as
sault on a man in Harmony and SER
we'd a term of Is months in States
prison for the crime and that he, had
many enemies in that section who
had done many acts of unkindness
toward him and he was afraid of
them and because of this fear he
proceeded to get away from this fire
and to his home as soon as possible
and that Mr.. Ellis did go to his home
over the wall where he was seen by
young Knowles in an easteyly direc
ton. Mr.. Ellis still had a large
amount Of his personal property
stored at the building and that he
believed there was no insurance on
1t, so he had no object for setting the
fire and what he did do he did out
of great terror and that he did wear
those those shoes that were found
under the attic floor that night at
the Holt place and that he did hide
them under the floor in the attic and
that he did tell Sheriff Mooers that
ne did not have them on, emphasize
ing the fact that it was all done be-
cause of fear of his enemies.
The next morning he did go to the
paw W 6Ct SOIliO Uillh. hal
he did pretend to them that he did
not know anything about the fire and
1t was during the time that Sheriff
Mooers was there and his house was
beseiged by 40 or more people that
he hid the shoes. When Sheriff
Mooers said to get all the shoes he
owned he put these under the floor.
me defense witnesses were the fol-
lowing: Joseph Ellis, William Davis.
william Gates, w. B. Pierce, attorney
OF Dexter, Philip Provost, John Nc
kenney, William Cudy and. Ralph
Cuoy. Ellis was the first witness
caiied. He was on the stand from
I14 TO hours. 1t was very hard to
keep the respondent down to the
question and from rambling on. the
Judge and both attorneys irving IN
make him keep to it without very
good results.
Deiense witnesses heard at the
evening session were John McKen-
ney, William A. Cuddy and William
w. Gates. The State put on two
new witnesses. Mrs. Mary Hatch and
Perley kittredge. '''--
Attorney Merrill argued for the de-
lehse ana he alnalyZed the indict-
ment saying that 1t charged the man
at the bar with wilfullv' maliciouslv
and feloniously setting fire TO \
dwelling house in the night time on
June 10, 1923, owned by Mr.. and Mrs.
Vernal Holt and endangering the
dwelling house of Mr.. and Mrs. Yer
nal Holt and he said that his object
IN so Analysing the indictment wa,
mat the jurors were to decide
whether it was a dwelling house or
not and that if it were not a dwell
ling house and the State had proved
hat. Ellis set fire to it they should
still bring in verdict of not guilty
and that they must first find that it
was a dwelling house.
Mr.. Merrill argued exactly a half
hour and Mr.. Thorne began at $50.
Mr. Thorne said that this case was
n most beautiful case of circumstan-
tial evidence with not a single weak
link. That the respondent had con-
fessed to the whole thing except to
scratching a match. He pointed to
him and said here was "a self con-
fessed liar from States prison." and
said that the defense went so far as
to say it was not a dwelling but adj
mitted in testimony that Ellis slept
there that night and he asked what
the place was a rat trap or 4 skat-
ing rink. That it was n day of conse-
quences not only to Joseph Ellis, but
to all of us and that there was no
time for anything except cold facts.
That 1t had been brief but a des-
perate case and the defense had been
handled by brilliant and honorable
attorneys and that he hoped that they
would have no feeling if he called
them legal wolves who had been pur-
suing the county attorney and that
they had been repulsed right down
to the show down right now He
said that as far as motive was con-
cerned that the 5000 insurance was
enough. He complimented the
States witnesses and said it would
be better for many communities If
they had more blood hounds as the
defense had called tho States wit
nesses and fewer Ellis'es and there
would be less arson. He compli-
mented Sheriff Mooers for his stick
to- itiveness and spoke of certain
witnesses for the State. who by their
testimony did not seem to be enc
mics of the respondent. He said
that he should think the defense
would wait the verdict of the jury
with anxiety and that the defense
had taken away all his professional
duties of arguing the case because
they had already admitted every
thing.
1t was something after nine when
Thorne closed his argument and
Judge Philbrook had the foreman,
Walter Rowell, confer with each
member of the panel to see if tie
Judge to give them their instruc-
tions riday night or wait until Sat
urday morning. 1t was found t.Gt
three out of the twelve preferred to
wait until morning so the judge asked
them if it would inconvenience any
of them to come together as early
as instead of $50 Saturday 4. NJ.
Finding that it would not inconven-
fence any of them Court was al
journed until Q this morning.