The New York herald., 1878-11-25

on one occasion while in prison Hart awakened all
the prisoners by screaming out in his sleep, Don
murder mel" that when questioned next day he at
hrst said the noise made by dogs but atterward
admitted ann that he was dreaming OF Mrs. Messrvsy;
tlat Mrs. Hart dresslnaker and used brown
paper 20 make patterns of. and that there was COD
lineabout the house.
THE DEFEScE
This was substantially the ease Of the government.
There more evidence introduced that was
even more puerile If possible than some OF the evil
dence above given, but while probably potent with
the excited jury IL does deserve repetition here.
On looking this evidence it Is strange that the
Court admitted large share OF IT, and still more
strange that the presiding Judge did not order
quittal. Evidence introduced by the defence to
account for his time on the evenings OF the s2a
and cath. The statements testified to by gov
ernment witnesses were in part denied and
i'll part explained without denial Hart took the
stand in his own defence and testified that he
home all the evening of December ~; that he
speut part of the evening OF the oath at home and
part at the Neck. whittier he Went TO carry CLOAK
and dress to his grandchld. But the testimony for
the defence that entitled to the most weight
that OF A. X. Dunton, an expert in handwriting. The
anonymous letters and brown paper note were placed
i'll Mr.. Dunton's hands before the indictment was
found. and also the logbooks given to him by
the prosecuting attorney. The statement was made
to Mr.. Dunton by the government counsel that the
logbook was in the handwriting of Mr.. Hart. Mr..
Dunton accordingly examined these documents and
before the Grand Jury that the anony
letters, the note and the first five
pages of of the logbooks were i'll
the same handwriting; he had since asccrtained that
the first five pages OF the logbook not in Harts
writing and therefore Hart did not write the anony
letters and the note. Witness explained to the
jury in detail the differences between the writing i'll
the anonymous letters and in letters acknowledged
to be Harts: the writing in the first five pages of the
loebook he believed TO be that of Captain A. X Mes
ervey the brothern-law of the prisoner and cousin
of the murdered woman. Three envelopes which had
upon them some writing which Captain Meservey ad
mitted To be his shown Dunton. Witness testi-
fed that the writing the envelopes by the
hand as the brown paper note and the anonymous
letters. Considerable testimony was introduced 70
hraa vvn fhca Cppc ~ nnfo uvp hal
been employed by the government. and who turned
against IL and testified for the defence II shown
that Dunton on examining the writing had said that
Inc that Hart committed the murder il
he had confessed it. This, however, Dunton
pained by saying that the first five pages of the log
book were given 10 him q standard OF Harts writ
ing and that he gave his opinion accordingly, but
that he was still strongly convinced as ever that
the man who wrote the log wrote the brown paper
note. The defence also introduced number of wit
nesses to testify to Harts character which was shown
to be good.
HART FOUND GUILTY.
On the 7th of October last the given to the
jury, who, after deliberation of hour and half.
brought in verdict of 'Guilty of murder in the first
degree" Neither the prisoner nor his wife dis
played any emotion when the verdict was first
nonnced. The counsel for the defence concluded to
make no motion for trial and the court in
few words passed sentence upon the prisoner
A. the death penalty in Maine has been abolished the
sentence to hard labor in the State Prison for
hte When the sentence was passed Mrs. Hart, who
had previously controlled herself, broke down com
plctely Hart also, who had been tranquil and com
posed, wept like child and said els 1t possible! is
it possible? God have mercy upon me! Ncighbors,
don't think of me a murderer
THINK.
But although the man has been convicted snd GEN.
fenced the excitement is higher than ever. and
many believe that the right man has not yet been Sc
cured. II is claimed that it required monstrOus
amount of credulity on the part of the jury to be-
leve shst Hart while in jail could have written the
two anonymous letters and have them mailed the
at Providence, the other q. Philadelphia.
Furthermore, the fact that Mr. Dunton who is an
pert of the highest standing. should have changed
n rSA mt -
logbook not in the handwriting of Hart, is most
influential in Harts behalf before the community at
large. The dream and the statements Of Hart
tilted to by excited neghbors SEEM in the opinion of
many. scarcely worthy OF consideration Mr.. Dunton
has very recently published in local paper statement
nearly four columns in length, in which he main
tans that Hart is innocent. He first publishes testi-
moals to his ability expert from Governor
Castor and of the first al the Boston Bar;
he then that he has doubt whatever that the
beginning OF the logbook, which Captain Mcservey
testified kept by Hart, was written by Mescryey
himself. and that Meservey, therefore, wrote the
brown paper note and the two anonymous letters;
that Meservey being at liberty. could easily manage
He further makes disclosures that do not
place Harts counsel III u very good light. This
lawyer had announced t. Dunton that he would
nous letters; that when he tDunton) went on the
stand and to the part Of the testimony where
he mentioned Mescrvey the author OF the letters
the lawyer motioned 20 him to stop: that he (Dnn-
toni persisted, and the attorney came to him
and whispered to him not TO into that natter; that
his (Duntons) testimony was altogether upcorrobo-
rated on this point. and. from the sudden way In
which counsel dropped that c,ew, il rather injured
than helped Hart in the eyes of the jury. Dunton
further states that this attorney had converse
ton with Meservey and his wife the
evening preceding the day on which
Dunton testified. and that it could be
proven that Mrs. Meservey tainted at disclosure that
made ON the next morning the COUNCIL for
Hart mysteriously abandoned his plan. which 10
prove that Meservey had written the fatal note The
s exciting the greatest interest throughout the
State and ii viii have the effect certainly OF making
courts careful when the evidence is circum-
stsntia and certainly reluctant TO convict when
the testimony is that of experts Dunton
il very In his denuncation of
Harts attorney and he invites suit for
libel that the facts may be judically investigated.
Captain Meservey srenuously maintains that Hart is
innocent He further asserts that there two per-
living in the town of st. George who separately
tried to gain admission 70 the house where Mrs.
Mcservcy lay dead while il under guard, snd that
neithe. called TO testify at the trial The people
here awaiting with great interest the threatened
libel suit. that Mr. Dnnton may have opportunity
~ prove his charges.