Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-03-19

FOURTH DAY-ARGUMENTs of PuIsBURy AND
WEBB-( HARGE OF JUDGE DANFoRTH-CLosE
OF THE TRIAL. AND THE CASE GONE TO THE
JURf-"W AIrING FOR THE VERDICT"
Yesterday, the fourth day of the trial, opened
with binding snow storm, yet, at half past nine
O'Clock, the court room was well filled with PEG.
pie, men and women, anxious TO hear the closing
arguments of counsel.
At five minutes to ten o'clock, E. F. Pill.burv
Esq, commenced his closing argument for the
defence. He said that man is born mperfec, :;
the atmosphere that surrounds the earth is subject
to sunshine and storm; so the atmosphere that
surrounds humanity, life is a series Of sunshine
and shadows>they come to all of us. The pris
onsr at the bar is one Of those unfortunate ones
in which the shadows predominant hi. life has
been one of peculiar misfortuues. An of us are
more or less subject to temptation. His life has
been Swallowed and borne down by the great
enemy of man, intempetance. lie comes for tri-
al under the most adverse circumstances. The
events brought 10 by the government al transpil ed
while be was III an intoxicated condition; then
the death of this women was said at the time TO
have been caused by pounding to death by her
husband The public has had but one phrase of
the sad event. The public mind is against him,
and thus he comes before you for trial Even the
witnesses come here actuated by resentments and
enmity, and with vivid lmag nations to swell the
evidence against him. So the Imagination is
possible.
suppose on that night. if Dr. Hill had been
summoned? He would have instantly ascer-
tanned the cause Of the womans death; and how
different would have been the result. There
would not even have been a charge against this
old man. anu he would have gone free
There Is tendency, also, to cjudice the public
still more on account of this mans habits Indeed
he Is a fearful victim Of intempersnce. But let
us remember that none are perfect Who knows
ha mo N HAL had f,aa e.
this terrible habit Who knows but what il
was Inherited 1t is easy to say he should over
come it. But who can tell is power Some of
the STR INCEST minds and ablest men have gone
down victims to this monster evil Moral power is
limited, the same As ply sicsl. It's pity he had
not the power to overcome this appetite. lie urged
the jury to put aside every prejudice; prejudice
has no right in the temple of justice. The gov
eminent must prove beyond n reasonable doubt
that Savage is guilty Of the homicide of his wife.
You are TO be guided by the law and evidence in
this case.
He then called their attention to what the law
is. Every man is presumed to be innocent until
proUed guilty. The government must furnish the
evidence OF guilt. Have you had that evidence
The proof must convune you beyond a reas ona-
bic doubt o! the prisoners guilt. What is a rea
sonsbe doubt doubt for which you can give
reason, is good answer. Probabilities are not
sufficient on which to form virdict; you must let
no guess work or speculations into this case
This is a case Of crcumstantial evidence, pure
ly no eve saw the deed no ear heard the il jury
afflicted upon this woman by the accused NJ
body comes here and says, g saw him strike her :;
nobody 10 say, II heard him strike her" Circum-
stantal evidence is not so strong is most cases
4 positive proof.
The government theory is that this woman died
from blows and kicks inflicted by the prisoner
that il WAS death by violence. The defence is
that she died from disease. The question for you
is not, which theory is true Has the governme nj
proved its theory Now what the circum-
stances on which the government rests its case
Why, that the woman had marks and bruises all
over her person. assuming that these marks and
bruises were produced by kicks and blows Then
the government goes to work to find q gun behind
the door, and imagines that the blows were in
| hicted by that. lie rected the description
| Of the condition in which the woman
! was found, as given in the testimony OF
DIR. Croker. DIR. Springer also agreed
in regard to the character OF the spots. We say,
in defence, that those spots produced by the
disease. purpura-the spots appearing first the
lower limbs. and extending upwards. According
to their varlous stages they assume different
colors. The disease had been most fully described
and defined nv Drs. Hill, Crooker and Martin.
The ply -cians, both for the government and de-
fence, agreed on the characteristics of the disease
! If these spots on the woman were caused by
pounding they mu have been inflicted from da v
to day, the old man never striking her twice in the
same Place, though pounding her from day to day
These three phi, sicians had testified that the flow
age cou Id not have been caused by kicking. The
physicians for the government testified that they
had great difficulty In ascertainiDg the cause OF
death. They sought diligently for the immediate
cause of death, and had virtually admitted that
they were unable to find cause for death in any
or all of the wounds found
| The conditions of purpura are all found in this
case; the development exactly like that laid down
in the best medical works. 1t is all full and com
plete. He spprehended it would be argued that
our testimony was oil expert testimony; that
these physicians never saw the case. But you
know the ply sicisns, and you will judge wheth-
er they are competent to give an opinion. They
had given their testimony on the sworn testimony
of physicians appearing fer the government. by
/ the government failing to recall Drs. Croker and
Springer. was an abandonment of the theory that
she died of the wounds head or elsewhere.
lie thought it most likely now the government
would claim, admitting the disease, that the
blows inflicted accelerated the disease. When
they take this position they sweep away, at once,
the whole foundation of the defence, and ask you
IN making mp your decision, to catch at mere III
ference. He admitted that no man has right to
kick or abuse sick q well woman. There is
no evidence that he did kick OF abuse her at all.
Has it been proved that he used airy violence
He thong ht not not particle of evidence has
been presented 10 that direction except the testi-
mony of Mrs. Cummings and Mr.. and Mrs Stew
ems. One was not on COED terms with the family,
and the others were relatives of the deceased. 1t
is natural that they should testify as they did; it
is natural that Mrs. Stevens, allowing her mind to
dwell upon what she supposed to be q terrible
tragedy, should find it growing upon her hands,
and that her testimony should be just what it was.
The story Of Mrs. Cummings was examined, In
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