The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-07-04

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4 yaliot :rEs Of astuaseS 0sAHrAf rtirs;
"a Mr. FRYE said he ieie justified In believing
I that Verriil had murder in his heart when be
went to the house Of his victims, from The fact
that he had reported that Brien had told him
that it would be adeed OF charity 10 put the
twoold women out Of che way. This was done
in order 10 throw suspicion upon Brien after
he had committed the deed. But conscience
would not permit H.,rries TO keep silence lie
had no peace till he confessed. Mr. FRYE then
argued that the evidence against the prisoner
from circumstances connected with the hatch
ct, was very strong. He denied that lie had a
hatchet until he believed that one had been
found. Mrs Lakin confessed that She put it
in a pan oi ashes;-ths was to remove The
blood stains. Here the skull oi Miss caswen
was produced, showing as Mr. Frye contended
that the fatal blow was given by the identical
hatchet in question. The defence had en-
deavored TO show that the prisoner cUt his
finger six months ago and that the blood was
his own. Admitting the possibilitysof this, it
would not account for the blood on the shoe
knife. DR.. Hayes and DR. Garcelon both tes- ]
tilleu tildt tue Nuuilus nave DSeI iHlHct'
ed with this knife. Verrill's conduct since
the murder was then examined and found TO
be that of a man whose mind was burdened
with the consciousness of having committed
a terrible crime He had said things that had /
proved to be utterly false, and then said he I
must have dreamed them. But his self-con-
trol and stolid apathy were marvellous. He
alone was cold and unmoyed while all others
were eager and excited. He had made no
effort to prove that he was innocent, only saw
ing that ''he could prove that he was not
there. In conclusion the Attorney General
said that the government had shown no dispo-
sition TO do any injustice to the pris oner and
all il now required was that the jury would
return verdict according to the evidence
81 JUDGE wALroN's cHARcF TO THE JURY,
As Judge Walton in addressing the jury said
that it was admitted by the defence that the
two women had been murdered by some one.
" hat was the evidence fixing the guilt upon
the prisoner, Verrill? He entered upon-a brief
racapitulation of the governments testimony.
The most important was that of Harris But
this is corroborated by that of Edes, whom Yer
ril told that a man had said to him that it
would be a deed OF charity to put the two wo-
men out of the way; by that of the two men
who saw verrin going in the direction in
which Harris said he was going on the night of
the murder; by the blood found upon the hatch
ct and shoe knife and towel and the hair
found in the hand of one of the murdered wo-
men. The government relied, too, upon state
ments made by the prisoner himself, and upon
his conduct since he has benin custody. Before
concluding whether this evidence was sufficient
corroborationI of Harris testimony, the jury
should carefully consider the facts relied upon
to refute it. 1.-THE conversation testified to by
Mr.. Edes, occurred after the murder its weight
would be much diminished. With referen &C
to the abb, the Judge thought that the wit
nesses meant to testify truthfully; yet he had
found from experience in the trial of cases of
any magnitude men would unconsciouslg ex-y
aggerats !; it might be SO in I'll is case.f They
might con Vict the prisoner upon the testimony
of Harris alone, yet he would advise them
to receive o his evidence with feaution.--,
Long experience had shown that stories of n
accompice turn out to be fabrications. They
must feel sure that the negro hoped to gain
nothing by accusing another. If they believed
that he was impelled BY conscience to speak,
and thst he told the truth, they might convict
the prisoner on his testimony. They were the
sole Judges Of the credit to be given to him
and to the prisoner. They should consider the
peculiar situation Of the latter, and his temp
tation to testify falsely. But little weight
should be attached to the government evidence
concerning his seli-ineulpativeo statemen S.
This had always been considered the weakest
kind Of evidence, and was open to many sour
ees of error. The same was true Of evidence
relating to the prisoners conduct. No one
can tell how guilty man will act. If from
all the evidence in the case they concluded
that the prisoner had committed the crime,
they should bring in the verdict Of guilty, but
if otherwise their verdict would be not guilty.
The latter verdict does not show that a person
lis free from all suspicion of guilt but that the
evidence falls short of that high degree of GER
tainty which the law requires. To his Honor
1.-The evidence, aside from that of Harris seemed
ohardly sufficientto raise a reasonable suspi-
cion. - - -. r r
The jury were out all night and in the morn
ing at 9o'clock they came into court for fur
Their explanations of evidence. They were
again sent out but at 1920 A. M. returned
with verdict of "Guilty"
The Jury were then sent out to render
verdict on the degree of Harries crime 1 E