The northern tribune. [volume] (Bath, Me.) 1847-1855, 1848-03-21

Mr., Evans, for the prisoner, wished the govern
ment to bring forward now the law they propose to
cite. Mr. Morrill, would prefer to do it Just before
the arguments-the Court decided that that would
be in time
Mr. Noyes opened the case for the pr isoner
He said the Government having concluded, tt was
his duty to open the for the prisoner. He
spoke of the solemnity of the occasion-of the
need of Divine assistance, and expressed the hope
that none present would have occasion to regret
the part taken in this matter. He appe led to the
jury to consider the relation in which they stood
He proceeded to speak of lhe excitement which
this case has caused-the conversation which has
been had eveIywhers-the idle stories with which
the press has teemed until every slight rumor has
come to be considered well founded. Such is
public opinion, that this crowd has come here, not
to inquire if the prisoner is gu lty, bnt to how
he can clear himself of suspicion. The jury is not
to be pIejudced by public feeling, but to try the
prisoner as though he were innocent and unsuspect-
ed. IT the evidence stops short of certainty the
prisoner is to be acquitted He is charged with
the highest and gravest crime in the most aggrava-
ted form-murder with express malice aforetho't.
The evidence on the part of the Government thus
far is not direct but crcumstantal-t Jury is ex-
pected 10 infer the guilt of the prisoner from the
various circumstances adduced. Although persons
have been convicted of the highest crimes, on cir
cumstantiai evidence, vet in many cases they have
species of inferential evidence is therefore of a
dangerous character, and should be subjected to
the tests which the law has pointed out.
Mr. N. proceeded to speak of the evidence ad-
duced The deceased was proved to have been seen
on Thursday in various places about his business in
Waterville; at o'clock he was at the Parker house
at a social party-about the same time he was seen
at Williams hote-soon after, he was, by the con.
lesson of the prisoner, at his office, The prisoner
was on Thursday about the'business of an active
profession part of the evening no in his Of
flee; at half past he went to his boarding house
at few minutes before 10 he in a public
street-at II went homo and retired to rest. Mr..
N. said he would throw out of view the evidence
of Flint for the present. He asked the Jury if the
time attempted to be fixed, about o'clack, was a
favorable time, IN public place, before the occu-
pants of the adjoining buildings had retired, for
their business was usually kept up till O'clock
The place-the prisoners office-is in the most
densely populated part of the village. There were
various keys to the prisoners office-it is not
shown that these keys were called in. The Office
was accessible by various persons. The body was
found i'll the cellar, with wounds which the govern
ment prove to have been inflicted after DEATH
This circumstance raises an improbablity of a
murder having been committed. The government
has abandoned the idea that deceased came to his
death by wounds The inquiry remains, if he
came to his death by the administration of hydro
cianic acid. Here also the government relies on
circumstantial proof 1t is principle of law that
each circumstance is to be proved beyond reason
able doubt. The chemical tests must not be aided
by the odor, nor the odor by the tests Each must
stand on its own foundation. If any of these cir
cumstances fails, the prisoner is to be acquitted
MIR. n. would first speak of the chemical tests
Here is at most an ounce of subtle poison mingled
with other substances. This is divided into small
er portions. 1t is compound substance and anoth-
er substance is applied, which produces greenish
precptate. This is said to indicate the presence
of acid. Shall mans life depend on such evil
dence as this Can this witness to test
like this Can he say, what wonderful trsnsfofma-
tons might take place in the weighing of the sub
stances? Now as to the silver test. The minut-
est particle is put into the mnutest glass tube and
this is drawn out by heat to the finest possible mag
ntude. A fame is applied to this minutest quaint
ty of volatile fluid and certain colored flame ap-
pears for moment and in moment disappears
Can such testimony have any degree of certainty !!
But one witness says with great force that these
three tests equal to the evidence of three cred
ble witnesses. To this witness it may be so-but
it be so to the jury? But to this uncertainty
of these tests is to be added another uncertainty
The contents of the stomach were poured into an
open vessel-kept in the hall exposed-then plac-
ed in an open shed unprotected. What change
took place in these contents, who can say One
drop of acid put in would change the whole. Ev-
en- if no hand touched them, what change may
have been produced by the decay of the elements
in the vessel 1t is proved that some change did
take place-t is testified by scientific man that
when taken out. there Was brandy enough to pro-
duce nsensibility. Yet the learned gentlemen
who analyzed the contents afterwards found no al
cohol there. Mr.. N. would venture to say that
proof so loose was not worthy to be relied upon
that the annals of Justice furnish no case where SO
loose evidence has been considered conclusive