Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-06-19
and observation. The government counsel

and observation. The government counsel
admits, the government evidence shows il to
be absolutely case of circumstantial evil
dence. The prosecution must not only prov Q
| and circumstances show the probability OF
| this mans guilt, that these may point to him
| as the man but that these are inconsistent
with any other theory. If circumstances
show that another might by any possibility
have done the deed, you must acquit the pris-
oner at the bar. There is no circumstance
proved in this case inconsistent with the limo .
cence of the accused. Come with me and
analyze the entire case and all its parts. Sep :
arate, if you please, those circumstances
which occurred during the night and early
morning after the murder on Smutty Nose
and at Newcastle bridge, and those occurren-
ces at Portsmouth next morning and SUISSE
quently for did1the government believe that
Louis Wagner's presence at Newcastle bridge
that morning was proved, they would never
have introduced all those subsequent trivial
occurrences-makeweigh in aid of verdict
against the prisoner. Look at the declara-
tons of those three men who testify that
Wagner had said he must have money If he
had to murder for it. If these were true,
this man is a fit subject for the insane asylum.
Again, would he have told the Johnsons next
morning what has been put into his mouth il
| he were the man? Such statements cannot
be only as confession. l pray you, accord
| to this man q reasonable share of common
sense. Would a murderer with a sane mind
go about for three months telling he was 60
ing to commit such a crime, and within few
hours after telling he had done it? All, gen.
tlemen, it's all Gone to nurse the weak test.
mony coming from Newcastle Island. Again
gentlemen, take those noble words of the ac-
cused when the Portsmouth officers endeav-
orai IN ipdnrp him n a ponfaa sion uI'd ratl,-
er die an innocent man than to have my liber-
ty as murderer" Heroic words, worthy to
be engraven on tablets of stone.
Judge Tapley dwelt upon this language of
Wagner in powerful appeal, Wagner mean
while weeping freely. At its conclusion the
court adjourned until afternoon.
Upon the coming in of court Judge Tapley
resumed his argument, passing to the evidence
Of blood upon the prisoners clothing,
and commenting upon the expert testimony
of DR.. Chase. He did not deny that human.
blood corpuseles could be distinguished in
fresh blood under the microscope, but he con-
tended that after it had been on clothing and
soaked out, it could not be distinguished with
certainty but little blood was found on the
clothes. This theory maintained by some is
uncertain, unsafe, untrustw orthy, as most au-
thorities agree. After discussing the white
shirt, which he argued was IA ut-up-j Job"
and was not Wagner's and the impossibilty
| of identifying single lead pencil, he ap-
preached the pivotal point in the case,-the
| identification of Wagner on Newcastle bridge.
| He urged that this was not relied upon BY the
government or they would not have intro
duced so much oher testimony. How fire.
quent, almost numberless, he said, the in
stances of mistaken identity. Even the two
dead witnesses, for months acquaintance OF
Wagner's, had mistaken him. Karen called
| him John" Anethe cried out Louis" This
was balanced case. If his friends could not
| tell, how many comparative strangers know
the man? The jury should take the safe side
and not send this man into eternity upon such
weak evidence of identity. Another indict-
ment was pending having relati to this same
transaction. Time may remove all doubts,
may solve this mystery. The counsel next
discussed the question of jurisdiction. While
he admitted that Snutty Nose Island was
within the limits of Maine, it was not in view
ers in the county of York. No matter what
jurisdiction has hitherto been exercised on
these Isles of Shoals, the question for the tri.
bunal was: lis Smutty Nose wi.hip the LIMITS
of this county, The historical account Of
provincial and legislative doings was argued
at some length in this connection. Another
point made was the wrong name of the de-
ceased, as in the indictment three different
names had been given by the witnesses.
Judge Tapley's closing appeal in behalf of
the prisoner was powerful, and is said to be
one OF the most able and eloquent heard in
| this court room for many years. lie closed
at e: 10, having spoken five hours.