Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-09-12

| hie. uieu IRON drinking liquor which
contained Q poisonous substance ad.
ministered to her by Ward. At the
time Of the alleged crime he was re-
siding in Randolph.
The scene at the home Of Mrs. Ber-
nier at Lewiston on the fatal night
was described by Attorney Maher.
ward and Mrs. Bernier. who was Iiv-
ing apart from her husband, and a
woman named Giroux were in the
apartment. Ward asked the Giroux
woman to take drink, taking a bottle
from satchel. Ward poured out a
drink and Mrs. Giroux slipped it. She
did not like the taste Of it.
AS the evening wore on, Mr. Maher
SAID, Ward seemed to have desired to
get rid of the Giroux woman. II sup
pose that Ward figured it out that two
was company and three was a crowd"
he said.
Judge Maher said that the evidence
shows that about $40 o'clock that
night, Ward took the satchel contain
ing the liquor out in the kitchen and
invited Mrs. Bernier there. The infer
ence Is that Ward took a drink, but no
one saw them do it. Ward and the
Bernier woman returned to the sitting
room. and there was something in their
1 NJ
Mrs. Bernier acted sick. according to
| the evidence of Mrs. Giroux. and a doc
tor was called, but not in time to save
| her Ward was in a dying condition.
| but a stomach pump was used and
after several days he recovered.
Judge Maher laid stress on the tes-
timony of James p. Donahuc of Lew
i2ton. who testified that he filled two
pint bottles out of sealed bottle of
liquor which he had brought from Bos-
ton some weeks before. Donahue tes-
titled that he got the liquor for Bruno
| Albert, who was acting as agent for
| Ward It was brought out at the trial
that Don1hue had BROUGHT six sealed
| qu1r'S of whisky from Boston.
| ut is incredible to believe that Don
| ah"e. rocket peddler. kept six quarts
Of sealed whisky. which he bought in
Boston July .. until Aug. &C." said
| Jr'i"a Nrhor. "Donahuc said Albert
| asked lin for a sealed quart but Don
| ahre returned with two pints and gave
! them r. Albert. Why didn't Donahue
bring lack a sealed quart as Albert
| had asked, him.
| Ward did not have exclusive oppor-
| tunty to place the poison, strychnine.
| in the whisky which he and Mrs. Ber-
nier drank. Judge Maher argued. 1t
| might have been in the liquor when it
| was purchased. If the whisky did not
contain the poison at that time. Mrs.
| Bcrnier had just as much opportunity
to have put it in the bottle as Ward
| had There is no evidence in the case
| that Ward had any strychnine, said
| Mr.. Maher.
Attorney Maher referred TO the tes-
| timony of the Giroux woman that Mrs.
| BeN1ier had said to Ward after he had
| taken the drink of liquor. Lets see
Won walk. YQull sleep all right in the
| car tonight" He argued that Mrs.
| Bernier had the opportunity to place
| the strychnine in the whisky. If the
| results had been reversed. if Ward had
| died and Mrs. Bernier had recovered.
| how long would it have taken a jury to
| convict the Bernier woman" he asked.
| The State claimed" said Judge Ma
| her. that Ward wrote a note saying
| that he was deathly sick, that he
! thought the whisky they had been
| drinking was made Of wood alcohol.
| and that he was failing badly. was
| written at 9 o'clock at night, while the
| evidence shows that Ward and Mrs.
| Bernier did not drink anything until
$40 o'clock that night.
Judge Maher paid his respects TO
| tho Giroux woman who was a witness
| in the case.
| That Giroux girl IS a liar when she
| said that Ward wrote the note at
| o'clock when We don't believe he
| wrote it until after he drank the
| liquor" said Judge Maher. That's
| harsh word, but this is no garden
| party
| Judge Maher referred to the testi-
| mony Of Mr.. and Mrs. Bragdon who
! lived in the apartment above Mrs.
! Bernier, who had testified that the
! GirouX woman had told them that
| Ward got up from his couch and
wrote the note. Il claim the note
bears intrisic evidence that 1t was
| written under stress of emotion" said
| Mr.. Maher.
Judge Maher said that in a short
space of time he could only touch up
| on a few of the high spots of the
| testimony. but if the Governor and
| Council would read all of the evidence
| in the case he believed that they
| would feel that Ward was not guilty.
| Copies of the stenographic report OF
| the trial in book form were present.
| to the Governor and Council by Mr..
| Maher.
There was no opposition to the
| granting of the petition voiced at the
| meeting of the Governor and Council.
| Vannah Pardon Case
| Attorney Melvin f. Sawtelle OF Au-
| gusta presented the pardon case OF
| Francis a. Nannah. Civil war vet
| Gran and former member OF the
| National Home at Togus. who was
convicted at the January term OF the
superior court for Kennebec county
| in 1909 Of the murder of Edward A.
| Hardy. Spanish war veteran, who
| at that time was living in camp
near the Togus Home.
There was no questions that Van
nah fired five shots toward the win
dow Of the camp. He did this in
order to brighten Hardy. who had
stolen property from Nannah and had
Dragged about it while he was intox-
icated. Vannah had not intended
that the shots hit Hardy or any per-
son, Attorney SawtelIe argued. but
| Hardy and woman who was with
him moved into the range OF the
shots. Hardy being killed and the
| woman seriously injured.
In argument. Attorney Sawtelle
pointed out that Nonnah is now IS
! years OF age. is a veteran of the Civil
War and can go directly from prison
to the Tosus Home if pardoned: that
| Eannah has repented. and has now
been in prison nearly II years. having
served two years in the Kennebec
county Jail.
Attorney Sawtelle presented the
petitions Of A. X. Vannah of Damar-
iscota Mills and 81 others. Frank r.
Jewell of Warren. n. II. and 33
| n