The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-06-18
RICHARD S. PBILBRIcK.


Jesse Getchell, called by the defendant test
fed: On the night of March 9Th went from
Kittery TO Newcastle, about half past Z; re
turned about half past l, moon about setting a
that time. The wind was about southwest,
STEPHEN F. SHAW.
Was member of corener's jury; went down tc
Island evening of March 9th, and had an in
quest on the bodies of Anethe aud Karen. The
body Of Anethe was lying in the middle of the
floor. face badly cut, con siderable blood on her
clothing and GU the floor where she laid. She
was taken from the floor and laid upon the ia
BILE and examined. Karen's body was in other
room on the floor; hair saturated; blood on
floor; some blood on bed pillow bloody; should
think likely some of jury had pencil down
there with them. Hayes had pencil there.
Cross Examined Do not think I ever saw
pencil shown me before.
GOVERNMENT RESUMES.
Reuben II. Kicker, deputy Sheriff: Heard tes-
timony of Wagner pointing to me as being
present at an interview between him and MIS-.
Hontvet. | was present at no interview be-
tween them.
THOMAS ENTwIsTLE.
Heard testimony of Wagner in relation TO
my urging him to confess. did not urge him
to confess,
C. WESLEY RAND.
Police officer in Portsmouth testified: Was on
one and one. There is pump on Court street
only pump / know of; saw no one by that
pump that night.
GEO. J. FERNALD,
A police officer in Portsmouth, N. H., testified
was on Court street the night of the murder at
Snlutty Nose, between quarter of one and one
saw no one by the pnmp on Court street.
Cross Eranined. We were following fell
low and girl. ! did not tell Louis Wagner /
was there, and did not see him.
JAMES s. RAND,
A police officer testified that on his beat he
passed the pump. He saw no one lying at the
pump that night.
THE EVIDENCE ALL IN.
The Government here rested their case as far
as rebutting evidence is concerned. This closed
the evidence for both sides.
CLOSING ARGUMENT FOR THE DHFENsE.
After recess of three quarters of an hour,
Hon. r. P. Tapley delivered the closing argu-
ment for the defense. A variety of facts, he
remarked, will suggest themselves relating to
the case, which are not now perhaps suggested.
The EXTREMIST caution and care should he used
in case of this character. The last witness
has spoken; the last evidence has been intro
dnced wherein depends the fate and life of a
prisoner. Here Wagner seemed deeply affect
ed and burst into tears.) The courage his coun-
sci take and the hope they have is in the jury,
and it is well that they should feel the heavy
responsibility of the duty imposed upon them.
This is case of circumstantial evidence and
the reason the jury tmade up of men past mid
die life, as they are) have been chosen, is be-
cause they have learned life by experience
Such jury have seen and felt circumstances
surrounding them, which have cast cloud
around them which only time will remove
The prisoner stands in this court friendless
a stranger, charged with the murder of the on
ly friends he had. The experience of all men
teaches them of how unreliable and uncertain
a character circumstantial evidence is. The
other side has told the jury that circumstances
are to be regarded as more reliable than testi-
meny from the lips of living witnesses. This
very circumstantial evidence, upon which the
prosecution rely, must come to the jury liable
to the uncertainty and weakness of human to-
tmony.
Had the counsel for the Government relied
implicitly upvn the question of identity of Lou
is Wagner at New Castl- bridge, they never
would have numbered up the case with the null
ttude of trivial circumstances before and after
that morning. They first proved Wagner's
declarations three months before the murder,
that he would have money if he murdered for
it within three months. Engerbretson says
Wagner made that statement about Dec 20,
thus fixing the time of the statement just with
in three months before the murder Other
witnesses patched up this declaration. Had
Wagner made those statements, which he de-
"A
sane Hospital. Men do not proclaim their in
tentions to commit muruer. Wagner says he
was poor, but not in need. All he owed was
$12. That he admits; that is all they prove.
Hontyet believing Wagner to be guilty is not
stories are most probable. that of Wagner
that he told the Johnsons he felt awful bad, or
that of the Johnsons that he said he felt awful
bad, and as if they We're going to take him?
If theirs is true he is fit subject for lunatic
hospital, for it would be confession. No rea-
sonable man can doubt Wagner's account Its
cause was his condition the night before What
does the testimony of Mrs Johnsoo of Boston
amount to? One moment she says he told her
he had not seen the Hontvets since Christmas,
and the next that he baited travis with John
Hontvet that morning? He says he told her
he had net seen Mrs Hontvet since Christmas.
Which story is most probable?
Judge Tapley passed next to the evidence in
regard to the blood upon the prisoners gar
ments, and commented upon the expert testi-
mony of DR.. Chase. He did NOT deny that hui
man blood discs could be distinguished in fresh
blood under the microscope, but after it had
been on clothing aud soaked out could not be
distinguished with certainty. But little blood
was found on the clothes. The white shirt was
not Wagners was put up job, ItwAs
corning the identification of prisoner, he said
there were three witnesses on the Island, two
dead, one living Karen said John. Anethe
said Louis. This is a balanced case. Mary
took her clue from Anethe's cry and knows
nothing more about it than the jury do. Thought
he wore black hat. Next the identification in
Newcastle, the pivotal point of the case but not
relied on by government or they would not have
introduced SO much other testimony. The jury
should take the safe side. There is another in
dctment pending. He next dwelt upon the
technical points, the jurisdiction and wrong
name of the murdered woman. She is indict-
ed by the name of Anethe M. Christensen
Mary says she had no middle name she knew
of. John says Malta Anethe Christensen;
Evan, her husband, says her name as given in
the indictment.
Mr.. Tapley elaborated the point of jurisdc
ton, fully meeting the claims of the govern
ment, showing that Smutty Nose Island is in
New Hampshire. Judge Tapley closed his ar
gument at 6.15, having spoken five hours. His
appeal for the prisoner is said by those who
know, to be one of the most able and eloqu mt
made in this court house in these latter days.
Attorney General Plaistcd closes for the State
Wednesday morning.