The Murder of Robert C. Cudmore


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Transcribed from the Bangor Daily News, 1920 by M. L. Fitzsimmons


21 v. ROBERT C. CUDMORE, b. 1863, Winsloe North, Lot 33, Prince Edward Island; d. March 14, 1920, Greenville Junction, Maine; m. MARGARET ANN RILEY, December 22, 1910, Moncton, New Brunswick, Canada. The story surrounding Robert's death follows:

BANGOR DAILY NEWS, MARCH 15, 1920

GREENVILLE THE SCENE OF MURDER

Robert C. Moore [Cudmore] is shot and killed and his wife seriously wounded by two men who enter House with supposed object of robbery. William Pomeroy and J. C. Scott are arrested at Jackman and charged with the crime.

(Special to the Bangor Daily News)

GREENVILLE, Me, March 14 - Robert C. Moore [Cudmore] was killed and his wife seriously wounded at 11 o'clock Saturday night by two men who entered their home near the C.P.R. station at Greenville Junction with the supposed object of robbery. Moore [Cudmore] died at 5 o'clock this afternoon, while his wife, who was taken to the hospital in Greenville will recover.

According to the story told by Mrs. Moore [Cudmore] to the authorities, two men entered the house, forced their way up stairs to a room where her husband was taking a bath and opened fire upon him with revolvers.

Five of the bullets took effect, one entering Moore's [Cudmore's] abdomen, two penetrating his chest and two striking his arms. Mrs. Moore [Cudmore] said that as her husband fell unconscious the men fired at her. She was wounded in the head and in both arms, She was able to get to the outside door and shout for help, and meanwhile the men ran away.

Acting upon Mrs. Moore's [Cudmore's] statement that the two men were William Pomeroy and J. C. Scott, who came here for New York last Tuesday to work as woodsmen, Deputy Sheriff Rogers started a search for them. He learned that Pomeroy and Scott had boarded a freight train bound for Canada and wired orders to Deputy Sheriff Armstrong to form a posse, meet the train at Jackman and arrest the men.

Late today word was received from Jackman that Pomeroy and Scott had been arrested without resistance. The authorities here expressed the opinion that although Moore's [Cudmore's] valuables were found undisturbed, robbery probably was the motive for the crime.

They said that they had learned that Pomeroy had borrowed a revolver from a resident of Greenville, saying that he wanted it for protection, and that both he and Scott had tried to borrow money from various persons here.

When the men were arrested they had no weapons. They refused to make any statement.

CAUGHT AT JACKMAN

JACKMAN, Me. March 14 - William Pomeroy and J. C. Scott were arrested here today charged with the attempted murder of Robert Moore [Cudmore] and murderous assault upon Mrs. Moore [Cudmore] at Greenville Junction last night. The telegraph operator at the railroad station here had been notified that the two men were on board a freight train and instructed to notify Deputy Sheriff Armstrong.

When the train bound for Montreal, pulled in here, Deputy Sheriff Armstrong and a posse made a quick search and located the men in a gondola car. The deputy ordered them to surrender, but they made no move until Ruel Holden, one of the posse climbed to the top of the next car and covered them with a revolver.

Then they gave themselves up without resistance. The men will be taken to jail in Dover tomorrow.

MOORE [CUDMORE] HAD MONEY

According to information received by the News from Dover and Greenville, Moore [Cudmore], who was about 45, had worked in the woods and on the railroad, and also kept boarders at his home, which is about sixty rods up the track from the Canadian Pacific railway station at Greenville Junction. He was an industrious and thrifty man, and was thought to have saved a few hundred dollars.

Pomeroy and Scott, the latter most commonly known as Scotty, are said to be natives of the maritime provinces, but Pomeroy had been in New York lately. Scott had been employed at Capen's Moosehead Lake. They were woodsmen and common labourers and were acquainted with Moore [Cudmore] and his habits. It could not be learned last night whether any money had been taken from the Moore [Cudmore] house.

BANGOR DAILY NEWS MARCH 16, 1920

POMEROY AND SCOTT ARRAIGNED AT DOVER - Are Charged With Murder of Robert C. Moore [Cudmore] of Greenville and Are remanded to Jail With out Bail Until Next Monday.

Dover - Foxcroft, March 15 - William Pomeroy and Jesse C. Scott, charged with the murder of Robert C. Moore [Cudmore] of Greenville were brought to the county jail at Dover this morning by Deputy Sheriffs Adelbert G. Rogers of Greenville and Henry Armstrong of Jackman. The men were arraigned at 9 am before Recorder Calvin W. Brown. of the Piscatiquis municipal court on the charge of murder and pleaded not guilty.

County Attorney Robert E. Hall of Dover then stated to the court that the respondents wished for counsel and wanted a continuance for a few days and the State also desired an opportunity to look up the evidence. The Court granted one week at the suggestion of the county attorney and respondents were remanded to jail without bail until next Monday.

Pomeroy is 33 years old, of powerful build about five feet ten inches in height. Scott is 41, of medium size.

Scraps of information regarding the case, more or less authentic appear to be to the effect that Pomeroy and Scott had taken their meals at Moore's [Cudmore's] on Saturday and arranged to spend the night there and two cots had been set up for them in a room on the first floor. It is said that one of the men came out in the hall and called to Mrs. Moore [Cudmore], who was assisting her husband with his bath on the second floor, asking her if they should put out the light, she told them that they might do so, and the alleged shooting followed.

Whether Mrs. Moore [Cudmore] saw the actual shooting does not appear to be established as she has not been able to make a full statement as yet.

The men are quite well known and have been around Moosehead Lake for some time.

(By The Associates Press) Greenville Me, March 15 - An autopsy was performed late today by Medical Examiner F.J. Pritham and Dr. C.C. Hall of Dover, upon the body of Robert C. Moore [Cudmore], for whose alleged murder on Saturday night last William Pomeroy and J. C. Scott, woodsmen, are under arrest. The medical examiner said it disclosed that any one of the five bullet wounds was sufficient to cause death.

Pomeroy and Scott, after pleading not guilty were held without bail for a hearing on Monday next. Mrs. Moore [Cudmore], who was shot in the head and arms at the same time her husband received his fatal wounds, is expected to recover. She was able to make a statement to County Attorney Ham today, but he disclosed only the fact that she had told him she knew of no troubles between Moore [Cudmore] and the men under arrest.

In the course of their investigation the authorities found more than $ 300. in a trunk in Moore's [Cudmore's] home. They were inclined to revise their first opinion that robbery was the motive for the shooting, but advanced no other theory.

BANGOR DAILY NEWS, MARCH 17. 1920

BELIEVE ROBBERY WAS MOTIVE FOR THE CRIME

Piscatiquis County Authorities Investigating the Shooting of Robert C. Moore [Cudmore] of Greenville Discover Evidence Showing That Pomeroy Was Pressed For Funds.

GREENVILLE, Me. March 16 - County authorities who are investigating the murder of Robert C. Moore [Cudmore], proprietor of a woodsman's lodging house here, and the wounding of his wife last Saturday night announced tonight that they believed robbery was the motive for the crimes. They made this statement after questioning persons who had talked with William Pomeroy and Jesse C. Scott, who have been arrested on charges of murder. Earlier in the day had said the assault in their opinion was due neither to robbery nor revenge but to some other motive which they have been unable to determine.

The authorities said they had discovered evidence which had convinced them that Pomeroy who is accused by Mrs. Moore [Cudmore] of doing the shooting, was hard pressed for funds and that he had borrowed money from several friends. It was reported tonight that a sum of money, considerably in excess of $ 400 was hidden in the Moore [Cudmore] house at the time of the assault.

Detectives said that Mrs. Moore [Cudmore] reiterated to them today that Pomeroy opened fire upon her and her husband without warning, and that there had been no difficulties between them to provoke an assault. Mrs. Moore [Cudmore] is recovering from her wounds, and it is expected will be able to attend the preliminary hearing in this town on Monday. Moore's [Cudmore's] funeral will be held tomorrow.[ Mar 18/1920]

PRISONERS GET COUNSEL - (Special to the Bangor Daily News )

DOVER - FOXCROFT, March 16 - Legal counsel was secured Tuesday forenoon by William Pomeroy and Jesse C. Scott, alleged murderers if Robert C. Moore [Cudmore] of Greenville Junction, who are now in the county jail at Dover awaiting a hearing set for next Monday. Hudson & Hudson of Guilford are counsel for Scott and Charles W. Hayes of Foxcroft has been engaged by William Pomeroy. Scott has not yet met his legal advisors in this case, but Attorney Hayes had a conference with his client, Tuesday afternoon.

The prisoners seem to be in good spirits today and apparently their first night passed under Jailer Warren' s care was a comfortable one. The cells assigned the men are at opposite sides of the jail, and each is allowed the liberty of the corridor in front of his own cell.

The crimes with which the men under arrest are charged was committed last Saturday evening at Greenville Junction, where Robert C. Moore [Cudmore], aged about 60, and his wife, Margaret, of about the same age, were shot in their home a boarding house about sixty rods from the C.P.Ry.station. Moore [Cudmore] died Sunday afternoon from his wounds. The medical examiner said the autopsy performed on Moore's [Cudmore's] body Monday disclosed that any one of the five wounds was sufficient to have caused death. Mrs Moore [Cudmore] is in the Greenville hospital and is expected to recover.

Up to the present time, robbery seems to be the only motive advanced for the shooting as Mrs. Moore [Cudmore], in a statement to County Attorney Robert E. Hall of Dover, yesterday said she knew of no trouble between her husband and the men under arrest.

BANGOR DAILY NEWS, MARCH 18 1920

WOMAN IMPLICATED IN GREENVILLE TRAGEDY

Mrs. Sadie Rooney is arrested in Lawrence Mass: Charged with having been an accessory before

the fact to the murder of Robert C. Moore [Cudmore] last saturday Night

LAWRENCE Mass. March 17 - Mrs. Sadie Rooney, was arrested here tonight charged with having been an accessory before the fact to the murder of Robert C. Moore [Cudmore] at Greenville Junction Me. last Saturday night. According to the police she and William Pomeroy who is under arrest with Jesse C. Scott on a charge of murder, have lived as man and wife for about two years, although Mrs. Rooney told police they had not been married.

Mrs. Rooney will be given a hearing tomorrow, The police said that she denied all knowledge of the murder except what she had read in the newspapers. They said she told them she worked in the Moore 's [Cudmore's] home for a time about two years ago and met Pomeroy there, and that she went with Pomeroy to Nova Scotia and later to various other places, coming here last January. She obtained employment here in a dye works.

SCOTT WILLING TO TALK

DOVER, March 17 - Jesse C. Scott held here for a hearing with William Pomeroy on the charge that they murdered Robert C. Moore [Cudmore] at Greenville Junction was expected today to furnish the officers with valuable information. He indicated his willingness to talk and it was understood Deputy Sheriff Adelbert G. Rogers was coming here from Greenville to interview him.

Counsel have been retained by both men, neither one of whom previously had consented to talk. Pomeroy's counsel refused to allow anyone to see him. He is alleged to have done the shooting.

Mrs. Moore [Cudmore] who was also wounded, told the officers she did not see Scott at any time during the fustilade. She was alleged to have said that Pomeroy passed within four feet of her.

It is not known unofficially that evidence strongly supporting the robbery motive was obtained through the investigation at Greenville. The officers were understood to have been told by Mrs. Moore [Cudmore] that Pomeroy learned from a woman now in Lawrence Mass. that they had in a small trunk $300.00 in liberty bonds and about $300.00 in cash withdrawn from a bank to reduce their account to less than $2000.

The trunk was opened last night, when the missing key was found. The contents had not been disturbed. The officers were unable to discover any evidence that the house had been searched for valuables. It was suggested, however, that the assailants may have been frightened away as a result of the shooting.

Further investigations will be conducted by former County Attorney James H. Hudson of Guilford. Word was received from Governor Milliken that he will succeed County Attorney Robert E. Hall, who it became known today, resigned recently to enter the legal department of an insurance company at Hartford Conn.

BANGOR DAILY NEWS, MARCH 19 1920

SCOTT ASSERTS INNOCENCE SAYS POMEROY FIRED SHOTS

DOVER Me, March 18 - Jesse C Scott, who with William Pomeroy, is under arrest charged with the murder of Robert C. Moore [Cudmore] at Greenville last Saturday night in a statement tonight asserts that he was innocent.

He said he accompanied Pomeroy to the Moore [Cudmore] house on that night to obtain some "home brew" and had no knowledge that any crime was contemplated, Pomeroy has been accused by Mrs. Moore [Cudmore], who was wounded of firing the shots that killed her husband.

Scott said that he and Pomeroy drank some liquor at Moore's [Cudmore's] house which was a lodging place for woodsmen, and were preparing to retire when Pomeroy started up the stairs, entered the room where Moore [Cudmore] and his wife had retired and fired several shots, He heard Moore [Cudmore] cry out, he said and Pomeroy descended the stairs and forced him to leave the house and board a freight train for Canada. Pomeroy and Scott were taken from the train the next day at Jackman and placed under arrest.

His story does not agree with that told by Pomeroy, who soon after his arrest, said strange men had forced them from the Moore [Cudmore] house and driven them aboard the freight at the point of revolvers.

VICTIM'S RIGHT NAME ROBERT CUDMORE

MONCTON March 18 - Robert C. Moore [Cudmore] who was reported shot to death by bandits in his home at Greenville Maine, last Saturday night, it now appears was Robert Cudmore, a former resident of Moncton and a native of Canada in the parish of Moncton.

Cudmore lived in Moncton and vicinity practically all his life before removing to Maine a year or two ago. He was well known here and has a brother Benjamin Cudmore C.N.R. trackman living here and another brother Abel Cudmore, of C.N.R. residing at Canaan. Percy Cudmore, a well known C.N.R. trainman of this city, is a nephew, and Beulah Cudmore, Telephone Operator at the Hotel Brunswick is a niece of the murdered man.

Press dispatches from Maine have mistakenly given the name of the murdered man as "Moore".

BANGOR DAILY NEWS, MARCH 22 1920

POMEROY'S HEARING TO BE HELD TODAY

DOVER - FOXCROFT Me. March 20 - There was apparently no new developments in the Moore [Cudmore] murder case Saturday. County Attorney Hall stated that there was nothing new regarding he case. The county officials were busy preparing for the preliminary hearing which will open at the court house at 10 o'clock Monday morning and at which time Judge Stacy C. Laupher of the Piscatiquis municipal court will preside. The hearing will take up practically the entire day. It will probably be held in the supreme court room.

It was impossible to learn here Saturday just what the present status is of Mrs. Sadie Rooney, alias Pomeroy, taken into custody in connection with the case at Lawrence Mass. several days ago and later discharged. It was however, understood that it is doubtful if Mrs. Rooney is brought to Maine at this time.

The county authorities evinced little interest in the dispatch sent out from Moncton, NB and which stated that Robert C. Moore [Cudmore], the victim of the shooting at Greenville Junction Saturday night was Robert Cudmore formerly of that city and a native of Canada in the parish of Moncton. The dispatch also stated that Cudmore lived in Moncton and vicinity practically all his life before moving to Maine a few years ago. Moore [Cudmore] since coming to Greenville has been known by that name and was commonly called "Dinty" Moore [Cudmore] by his friends and acquaintances. It is understood that he never was known in Greenville as Robert Cudmore.

BANGOR DAILY NEWS, MARCH 22 1920

EXONERATE MRS. ROONEY IN MAINE DEATH CASE

LAWRENCE Mass. March 21 - Mrs. Sadie Rooney was officially exonerated Friday of any connection with the murder of Robert C. Moore [Cudmore] of Greenville Me.

Last Saturday night Maine officials informed Judge Mahoney, that evidence against her did not warrant an indictment on a charge of being an accessory before the fact. The complaint against the woman as a fugitive from justice was withdrawn. On a statutory charge Mrs. Rooney was sentenced to three months and appealed.

BANGOR DAILY NEWS, MARCH 29 1920

POMEROY AND SCOTT HELD WITHOUT BAIL Are Charged With the Murder of Robert C. Moore [Cudmore] of Greenville Junction on Saturday Night

March 13 -- Hearing Held at Dover.

Mrs. Moore [Cudmore] Accuses Pomeroy (Special to the Bangor Daily News)

Dover - Foxcroft, March 28 - William Pomeroy and Jesse C. Scott charged with the murder of Robert C. Moore [Cudmore] at Greenville Junction Saturday evening, March 13 th, were held without bail for the grand jury in September, after a preliminary hearing before Judge Stacy T. Lampher of the Piscatiquis Municipal Court here on Saturday.

The hearing began at 10:30 in the supreme court room which was filled with spectators including many relatives and friends of the murdered man, from Greenville and elsewhere.

County Attorney Robert E. Hall represented the State and associated with him was former County Attorney James H. Hudson of Guilford, who has been nominated by Governor Milliken to fill in un-expired term of County Attorney Hall, whose resignation takes effect March 31st. Judge Chas. W. Hayes of Foxcroft appeared for Pomeroy and Hon, Martin L. Durgin of Milo for Scott.

Pomeroy and Scott were brought into court separately, handcuffed and placed in docks on opposite sides of the court room. During their confinement in the county jail they have not been allowed to communicate with each other. Throughout the hearing both men appeared calm and followed the testimony of the witnesses closely.

Attorney Durgin addressed the court saying that he waived the right of a separate hearing for saving time. Attorney Hayes agreed that the respondents be tried together so far as the preliminary hearing was concerned, with the right of cross - examination of witnesses by each attorney.

THE STATES SIDE

As the respondents had been arraigned at a former hearing, pleading not guilty as has already been reported in the News, County Attorney Hall immediately opened for the State, outlining the State's contentions, describing what the prosecution claims occurred at the Moore [Cudmore] home on the night of March 13th. He said that the State expects to prove such probable cause to the court as would warrant the holding of the respondents for the grand jury. He described the Moore [Cudmore] premises ; the house a small, low posted building with but one room on the second floor which at the highest point in the centre was but six feet from the floor. Among the furnishings of this room was a double bed also a cot - bed.

Mrs. Margaret Moore [Cudmore], wife of the murdered man was in the court - room he said, and would tell how Pomeroy and Scott came to the house on that Saturday evening and how on account of a severe storm they had arranged to stay there for the night, a cot-bed being made up for Scott downstairs and Pomeroy to sleep on a cot - bed upstairs. While she and her husband were preparing for bed after taking a bath, Pomeroy came up to the top of the stairs and fired shot after shot at her husband and herself.

The County Attorney further claimed that the State would show that Scott had refused to go with a friend to a moving - picture show that night saying that he " had something on ": that Pomeroy and Scott had no funds: that they had borrowed money from the Moores [Cudmores] and other friends in Greenville several days before the shooting : that Mrs. Moore [Cudmore] would testify that there was money in a trunk upstairs in the Moore [Cudmore] home : that when arrested in Jackman, Pomeroy was without hat and coat, having left his mackinaw and cap at the Moore [Cudmore] house and told Deputy Sheriff Henry Armstrong who made the arrest a story of four men driving him and Scott from the Moore [Cudmore] home and forcing them aboard the freight train.

The county attorney said that the State would show respondent borrowed a.32 calibre revolver from Mike McCarval of Greenville who lived a short distance up the railroad track from the Moore [Cudmore] house.

MRS. MOORE [CUDMORE] ACCUSES POMEROY

Following the opening by the county attorney, Mrs Moore [Cudmore] accompanied by her daughter Miss Maria Gallant of Moncton, N.B. and her son Joseph Gallant and his wife of Brownville, came into the court - room. Mrs. Moore [Cudmore] appeared weak and still suffering from the bullet wound which she received on the night of the shooting and both arms were bandaged. Because of her condition she was allowed to sit in the jury - box instead of taking the witness stand, while giving her testimony.

Although speaking so low that at many times she could hardly be heard and many questions had to be repeated, Mrs..Moore [Cudmore] made an excellent witness, telling a circumstantial and clear story which was not affected by cross examination. The most dramatic point in her recital was when the county attorney asked her who fired the shot that killed her husband, Mrs. Moore [Cudmore] half arose from her seat, turned towards Pomeroy; whom she saw in the prisoner's box and pointing her finger at him said very slowly and distinctly, "It was Billy Pomeroy. who sits right there, who killed my husband". Pomeroy hardly changed his expression at the accusation and was looking directly at the witness.

MRS. MOORE [CUDMORE]'S STORY

Replying to questions of the County Attorney, the witness said that her name was Margaret Cudmore but that she had gone by the name of Mrs. Robert C. Moore [Cudmore] since coming to Greenville four or five years ago. She had been married eleven years. They had lived at the Hadigan place for about three years. She had known Pomeroy for three years, first meeting him at the home in Greenville. When Pomeroy returned to Greenville this spring he first came to her house on the Tuesday evening before the shooting on Saturday. He and Scott came together.

Pomeroy told the Moores [Cudmores] that he and Scott had just come from New York where they had signed up to work in the woods for the American Realty Co. Pomeroy did all the talking, Scott saying nothing during the evening. Pomeroy asked for a jug of beer which they drank together. According to Mrs. Moore's [Cudmore's] story, the only other people at her home at that time were George Kimball, Mr. Moore [Cudmore] and herself. Kimball left the house first, Pomeroy and Scott remaining for another hour. After Kimball left, Pomeroy told the Moore's [Cudmore]'s that he had no money and wanted to borrow some off Moore [Cudmore]. Moore [Cudmore] handed him $4, Pomeroy leaving a gold pin for security.

During the remainder on the week Pomeroy and Scott came to the Moore [Cudmore] house every morning for breakfast, staying nights at the Y.M.C.A. at Greenville Jct.

ON THE FATAL DAY

Coming down to Saturday the day of the shooting, Mrs. Moore [Cudmore] said Pomeroy and Scott came to the house at 11 o'clock and had dinner, spent the afternoon there, Pomeroy giving Mr. Moore [Cudmore] a hair-cut and staying to supper which they ate about 5 o'clock. After supper Pomeroy asked Scott to take a walk and they left some time between 6 and 7 o'clock. Witness next saw the men when they came back to the house about 10 o'clock. She did not know why they came back. It was storming hard at the time and they made some talk about staying overnight. It was suggested that a cot be placed in the sitting room downstairs for Scott and Pomeroy was to sleep on a cot in the Moore's [Cudmore's] bedroom upstairs.

Mrs. Moore [Cudmore] could not say whether it was her husband or Pomeroy who suggested that they stay all night. She denied that there had been any drinking at her home that evening, with the exception of some light beer which was not intoxicating.

MONEY IN THE TRUNK

She said that they had some money in a trunk upstairs, some $500 or $600 and also some Liberty bonds. The county attorney questioned the witness regarding her acquaintance with Mrs Sadie Rooney who lived at the Moore [Cudmore] home for a short time and who it is alleged, left Greenville two years ago with Pomeroy: Mrs. Moore [Cudmore] said that Pomeroy left Greenville two years ago, with Sadie Rooney, that Sadie Rooney was at her home money was kept in the trunk in the upstairs bedroom and that Mrs Rooney knew it was there; that Pomeroy was a frequent caller at the house at that time and the two saw much of each other, Since coming to Greenville this spring Pomeroy told witness that Mrs. Rooney was in Lawrence Mass. where she was keeping house. Pomeroy showed witness a photograph of himself and Mrs Rooney taken together.

With the exception of Mrs Rooney the witness knew of no one who knew of the money in the trunk, except her husband and herself. She described at length the details of the shooting when her husband received what proved to be the fatal wound. Her husband living until the following afternoon. She said that she had gone upstairs first leaving the three men to fix up the cot downstairs for Scott. Soon afterwards her husband came up and took a bath and as he was finishing Pomeroy called up stairs, "Are you ready " and the witness said "yes". Then Pomeroy appeared at the head of the stairs and started firing at her husband.

SAW THE SHOTS FIRED

The witness illustrated to the court how she dropped to the floor from the side of the bed where she had been sitting kneeling on the floor of the jury box. She said her husband cried out "Billy ! Billy ! spare our lives", and with blood spurting from his wound started toward Pomeroy who was standing at the top of the stairway. Pomeroy disappeared down the stairs and left the house. The witness said that the light was burning in their room and she saw Pomeroy plainly as he fired the shots from a revolver.

At this point County Attorney asked the witness "who fired the shot that killed your husband" ? and Mrs. Moore [Cudmore] pointing to Pomeroy replied "It was Billy Pomeroy, who sits right there".

FLIGHT IN THE STORM

continuing, Mrs. Moore [Cudmore] told how she assisted her husband to the cot, washed the blood from his body and ran out for help, catching up a coat and cap she afterwards found belonged to Pomeroy. She told of running along the railroad track through the storm waving a light and shouting for help. Her cries were heard at the Y.M.C.A. and among those who first came to her assistance were Deputy Sheriff Adelbert G. Rogers, Dr Pritham and Rev. Fr. Poirer, the priest administering the last rites to her husband.

Fr. Poirer asked Moore [Cudmore] who shot him and he replied it was Billy Pomeroy who did the shooting.

Under cross examination by attorneys Hayes and Durgin, Mrs. Moore's [Cudmore's] testimony was entirely unchanged, She said that she never knew Scott until he came to the house with Pomeroy. She denied emphatically that anyone was drunk at her home on the night of the shooting. Mrs. Moore [Cudmore] left the courtroom after her testimony was given.

OTHER WITNESSES

The next witness was Henry Armstrong, of Jackman deputy sheriff, who arrested Pomeroy and Scott. He told of being notified by deputy sheriff Rogers of the shooting at Greenville, got together a posse and made arrangements to search the train on which the fugitives were supposed to be hidden.

As soon as the train pulled in to Jackman the deputy notified that the men wanted were on a gondola car, which was directly under a light. The men made no resistance. Found no weapon upon them. Did not examine their clothing except for weapons. He said that Pomeroy told him a story of four strange men who came to the Moore [Cudmore] house at Greenville while he and Scott were getting ready to go to bed and made them get out and drove them at the point of their guns to the freight train bound for Canada. The witness did not ask them anything about any trouble at the Moore [Cudmore] house. Witness brought the respondents to Dover the following Monday morning. Scott was there when Pomeroy told about the four armed men but made no denial of the story. Scott made no talk at all.

John St. Clair, a woodsman at the Stearns Lumber Camps at Morkill siding was the next witness. He said he knew Scott at Casrpenter's lumber camps at Patten last fall. Saw him in front of Craft's store in Greenville on the night of the shooting at about 8 o'clock. Asked Scott to go to the moving picture show but Scott replied "I can't, I've got something on". Witness did not know Pomeroy. Had not seen Scott since, until the hearing.

Mike McCarval of Greenville Junction, who lived about 500 yards up the track from Moore's [Cudmore's], said that he had known Pomeroy for about two years. Pomeroy was at the residence of witness on Wednesday afternoon of the Saturday before the shooting and asked for a revolver: lent him a.32 calibre Smith & Wesson six shooter. Witness loaded it with six cartridges before giving it to Pomeroy. Pomeroy also borrowed $15, saying he had no money. Saw Pomeroy nearly everyday during the rest of the week. After the shooting the witness went to the Moore [Cudmore] house to look for the revolver but didn't find it.

NO TESTIMONY FOR DEFENSE

No testimony was introduced for the defence of either respondent, Attorney Durgin moved for the discharge of Scott on the ground that there was not a scintilla of evidence that connected Scott with the crime of murder, except the vague statement that he "had something on" that night. Judge Hays, speaking for Pomeroy, called attention to the apparent friendly relations between Pomeroy and the Moores [Cudmores]: so friendly were they that Pomeroy was to sleep in their room - in the same room where the trunk with the money was kept. One witness testified that she actually saw Pomeroy do the shooting. There was an absence of motive and there must have been some overwhelming motive for such an atrocity.

The State attempts to prove robbery as the motive, Judge Hays said. If robbery was the motive how easy to have gained access to the trunk after the Moore's [Cudmore's] were asleep and not to resort to manslaughter or murder. Mrs. Moore [Cudmore] testified that Pomeroy made no attempt to get at the trunk. This fact disproved that of robbery as the motive. Attorney Hayes did not ask for the discharge of his client but that in view of the lack of motive and the slight testimony showing that Pomeroy did the shooting, asked the court to give his client an opportunity to furnish bail.

County Attorney Hall said in reply to counsel for the respondents, "It is not necessary to prove a motive. If the evidence is sufficient to show a crime the motive is implied, If Mrs. Moore's [Cudmore's] testimony is to be believed, and in the absence of any contradiction, it should be believed, this man Pomeroy should be held without bail and Scott as well, for anyone aiding and abetting in a crime is a principal".

The County Attorney dwelt on the testimony showing the friendliness between Pomeroy and Scott. They were always together. They came to Greenville together, when to the Moore [Cudmore] home together and were together all the week. On Saturday the day of the shooting they came together to the Moore [Cudmore] house for breakfast were together all day and after supper went together to the village, He referred to the significant reply Scott made to another invitation to a moving picture show; that he couldn't go as he had " something on "for that evening". Later, about 10 o'clock the men returned together to Moore's [Cudmore's].

The County Attorney called attention to the silence downstairs while Mr. and Mrs. Moore [Cudmore] were upstairs as given in Mrs. Moore's [Cudmore's] testimony and that while the shooting was going on Scott made no outcry or attempt to prevent the crime. Their hurried flight through the storm in an open gondola freight car bound for Canada.

The County Attorney declared there was probably cause and asked the court to hold both respondents without bail for the grand jury in September.

Judge Lampher without reviewing the testimony or in any summing up of the case, stated briefly that he found probable cause and ordered both respondents committed without bail for the grand jury, on the second Tuesday of September, next.

Note: Does anyone have any later reports on this trial, or information on the court's findings?


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