Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-05-04

the JAIL" said the witness, when a
highway policeman gave a me jerk
and fell two steps. did not get
glimpse of the officers face"
And state officer gave you this
pushing as you describe" asked
County Attorney Southland on cross
examination.
Eyes, SIR" replied the witness.
"More than one?
mo, sir.
what did you cry for" asked
Judge Cony.
Il was scared and hurt" replied
the witness.
Were you hurt or scared?
MOSTLY scared"
Kenneth w. Berry. Kennebec
Journal reporter and photographer,
testified that he took pictures at the
jail Saturday afternoon. He identi-
fled a photograph taken by him which
showed Deputy Pinkham picking
something from the ground.
On cross examination by County
Attorney Southland, the witness tes-
titled that he was outside the jail all
the time during the excitement Sat-
urday afternoon and he did not see
Albert Cummings tumble down stairs.
He did see, however, papers fall from
the pocket of Deputy Cole. He didn't
see any one pick up the papers.
William ]. Cole of Hallowell, dep
uty sheriff under Cummings, testified
to being taken from the jail by men,
bers of the state highway police. In
the miX-up he lost papers and a wal
let from his pocket and the highway
police mon would not let him pick
them up. He did see highway officer
pick up the property and his wallet
was later handed to him by Deputy
Pinkham.
'My pocketbook was empty and 1t
had contained between seven and ten
dollars" said the witness.
On cross examination by County
Attorney Southland, the witness testi-
fed that there was a five-dollar bill
in the wallet.
the other bills" asked County Attor-
ney Southland.
Il can't remember" replied the
witness.
You don't keep very good track Of
your money.
II do not have much money to look
after"
Paul E. Demers Of Gardiner, a
deputy sheriff under Cummings, tes-
tilted that he saw four highway po-
| lice officers holding Pinkham. He
heard Deputy Hageland say II have
been waiting for this" at the same
time using bad words, and then hand
cuffed Pinkham. The witness said
that he lost his gun in the miXup and
it hasn't been returned to him.
John D. Barrows, turnkey at the
jail under Sheriff Cummings, testified
he saw three or four highway police
officers holding Pinkham when he
| they had Pinkham's arms back of
him. He saw Hageland place the
handouts on Pinkham.
On cross examination, the witness
testified that he did not hear any one
tell Pinkham to get out of the jail
Did you see Pinkham resist in the
hallway" asked Judge Cony.
Il did not, but l wouldn't blame
him If he did" replied the witness.
Harry w. Pinkham, the respondent,
| testified that he had never been ar
rested until Saturday afternoon. He
told of the events at the Jail, leading
up to his arrest, and about being
discharged from the hospital the mid
die of March after undergoing an OPP
Grafton for appendicitis.
"A highway policeman told me to
get out and l started to 60" said the
witness, Then three or four of them
rushed me. / was rushed to the
front of the house and ! braced my
self at the top of the steps. l was
pushed about three steps and then
they let go of me. l held back to
prevent myself from getting hurt. I
walked down the stairs and while
highway policemen were bringing out
| Deputy Cole, I saw papers fall from
his pocket. A highway policeman
later gave me Coles wallet and
gave it to him. Five minutes later, I
was standing at the foot of the steps
and three or four highway policemen
took hold of me. Deputy Hageland
said, using a bad term. Il have been
waiting for a long time for this OPP
portunity, I was taken to the police
station and was kept there an hour
before being admitted to ball.
Did you attempt to interfere with
the highway police officers" asked
Judge Connolly.
II did not" replied the witness. II
told them l would go out, which /
did,. 1t was at least five minutes be-
fore 1 was arrested on the Jail
grounds"
what were the instructions from
Sheriff Cummings?
Not to pull a gun or resist in any
way.
On cross examination, the witness
testified that Flint, highway
policeman. took hold Of his arm and
told him he must get out, The wit
ness said, Let go Of my arm" l
will go out"
Kenneth w. Berry. a Kennebec
Journal staff reporter. identified a
picture which he took Of Deputy Cole
comforting Albert Cummings, the
son Of Sheriff and Mrs. Cummings,
who was crying.
Edwin f. Magill, of Belgrade,
deputy, testified to seeing papers fall
from Coles pocket. He heard Cole
ask that he be given permission to
pick UP these papers, but that per-
mission was refused.
Deputy Cole. recalled, testified that
In his judgment four highway police
officers took him down stairs.
1t was agreed that the appoint
ment of Eastman was brought
about by the removal of Sheriff
with Gov. Brewster voting for re-
moval
Judge Connolly in summing up
stressed the point that Sheriff East
man was but a puppet in the hands
of Chief Field and his superior,
Governor Brewster. In cutting
terms he paid his respects to the
Highway Police Chief and his per-
sonell. at one time referring to him
as serpent" He reviewed the tes-
timony and contended that nowhere
had it been shown that the accused
men had in any way resisted or i'm
peded the officers in the discharge
of their duty.
Judge Joseph E. +. Connolly for
the defendant closed his nrr,1,,or,t ~