Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-10-21

After hearing the evidence in a
case which was featured by the di-
rect contradiction of testimony, and
in which an apparently impregnable
alibi was shattered when one of the
states witnesses was recalled to the
stand following the presentation of
the case for the respondent in Au-
gusta municipal court Wednesday
morning, Judge Robert A. Cony
found probable cause for holding
Charles H. Dyer of this city for the
grand jury at the January sitting on
charge of larceny of 20 bushels of
potatoes.
The stolen produce In question was
the property of the Augusta State
Hospital and was taken from a patch
on leased land on the Ferry Road.
The warrant in the case was signed
by City Marshall William J. Skehan
as the result of Investigations made
by an officer of his department,
working in conjunction with en-
pioyees OF the hospital after the de-
predations had extended over a con-
siderable period of time.
Raymond Levanseller and Leland
turner testified that on the evening
OF September 20, last, they went to
the potato field to lie in wait in an
effort to apprehend the culprits
Ihey We're secreted in the growth at
one end of the batch when they saw
a man approach and uncover a few
h!iis, when second arrived. Lets
PICK these up and go over on the 9TH
er SIDE. They are bigger and better
over there" remarked one of the
with about a peck of potatoes al
ready harvested, they came so close
TO the hidden watchers that it was
necessary for them to stand up and
reveal themselves.
Both Levanseller and Turner were
positive of their indentifcations of
the lntruders as Charles H. Dyer and
his son. Carl S. Dyer. They were
WITHIN six feet when the two hispital
employees were forced to reveal
themselves. Levanseller made an eff
Tort TO grapple with the elder Dyer
put desisted when his quarry swung
at MIN with a pronged potato hoe.
LeVanseler then gave chase to the
younger man, but lost him in the
woods at the south end of the field,
Mr.. Dyer, the respondent was re-
presented by Attorney NJ. E. Saw.
telle, and on taking the stand in his
own defense catagorically denied the
allegations. and declared that on the
evening in question he had left his
nome on the Hospital road immedt-
ately after supper and had driven to
Gardner and later to Winslow with
Mr.. and Mrs. George Craig, and an
otner woman as companions. His
story of his movements were a per-
rect alibi as to the time the States
witnesses declared they had encoun-
tered him in the potato field. The
son, Carl Dyer and Mrs. Dyer tes-
tined substantially the same, though
they had gone to Gardiner on the
night of Sept. 20. and produced a re-
ceipt for money paid on a note at
west Gardiner on that date.
George A. Craig corroborated the
testimony of the Dyers and placed
the date very definitely as the even
ing of September 20.
Marshal Skehan recalled to the
stand for the State, testified that
WITHIN few minutes of o'clock in
the evening on the night in question,
ne saw Mr.. Dyer talking with Officer
Dostie at the corner of Bridge and
Water streets.
Judge Cony was convinced that in
respect to the effort to provide an
alibi, some of the defense witnesses
had been in error regarding the date
and found probable cause against
Mr.. Dyer. His personal recoenizance
in the sum of 5000 was accepted for
his appearance before the grand Jury
In January.