ering to the description of
this stranger was in Marlboro, Mass., and to this place was sent a
neighbor of Mr. Smith's, who identified Kelly as a man whom he had
seen in the neighborhood of Sutton Junction previous to the assault.
The witness and Mr. Smith, after going before a justice of the peace,
and obtaining papers for the arrest of their man, proceeded to
Marlboro. At Fitchburg, Mass., a warrant was made out from the papers
which they carried, and Kelly was arrested. He consented to go to
Montreal without extradition, and there, in Mr. Carpenter's office,
related voluntarily the story which he told at the preliminary
investigation, and on this evidence the other prisoners were arrested.
Mr. Carpenter's testimony was the last on Tuesday.
Court opened again at ten o'clock on Wednesday morning. This was
expected to be the last day of the trial, and a large crowd was
present. Mr. J. F. Leonard, clerk of the court, was first sworn, and
testified to the bad character of M. L. Jenne, who had been indicted
on Sept. 11th, 1879, for assaulting an officer in the discharge of his
duty. The jury had found him guilty of common assault. Mr. Leonard
identified the prisoner Jenne as being the same man.
George N. Galer, a constable, confirmed this testimony, and said that
he remembered having arrested Mr. Jenne at the time referred to.
The next witness was Walter Kelly. He described how the liquor men had
obtained his services, and told the story of his arrival and stay in
Canada, and the assault at Sutton Junction much the same as in his
previous testimony.
He stated that once while he was stopping at Sutton it had been feared
that his presence was exciting suspicion, and he had been sent to
Cowansville for a day.
He also said that after the assault he had seen Howarth at Marlboro,
and told him that he had done his work, but only received a part of
the pay, and Howarth had promised to see that the remainder was sent
him. A while after this Kelly had heard that detectives were in
Marlboro looking for him, and Flynn, the barkeeper to whom Howarth had
written at first, had advised him to go away for a few days while he
(Flynn) should write to Howarth, and learn the facts of the case. He
went away, and on his return saw a letter from Howarth which stated
that Kelly had not hurt Smith at all, and they had been obliged to pay
$30 for the use of the team which he had while in Sutton, and now the
others were "kicking" and unw
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