Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-03-06

nents. nor 10 the large number of statement
| tina. he took back before had dome with him
but will only cali your attention TO the test
mony IA c. Otis. which squarely contradict
HIM. and also the testimony Of Maj. p. N
Fogler and daughters. which prove him to b
a falsifier and fairly support the theory Of tn
defense-1hat this is a most foul conspiracy
gotten up for the express purpose Of bolster
/ ing up the then failing cause OF Ex-ioyerno
| Garcelon and Council. | have no doubt tina
Mr.. Hartman went to the Court House 6
Swans suggestion. but he went there for tn
purpose of aiding in carrying oaf this con
| sriracy, and possibly may have received from
some source. through the hands of Mr.
Swan, as the price of his villainy. q thousan.
dollars. He distinctly stated that MIR. Whit,
could not have the money if he called for it
He stands or falls with Swan.
And there I'll leave him, with his unholy
leprous arms entw ined around the neck of hin
who led him on step by step TO everlasting
infamy and disgrace. Swan was the master
Of the two and il was in his diabolical hrair
that originated every plan and every direction
| admit this is strong language, but gentlemen
this is case that calls for the Use of strong Ian
guage. If Swan and Hartman are guilty of q
conspiracy. it will be an admonition TO guilty
men hereafter that before honest men they
will not receive much consideration. Swan
and Hartman both admitted they were liars
that they had no bad purpose iniying. Willyou.
gentleaacfi. admit the oath Of these two liars
against thai of an honest and lionored man !:
And vet, that is the alternative presented to
You. Swan and Hartman swear they deceived
w. r. White They are seit-confessed deceivers.
Again. men do not commit crime without a
motive.
Let US briefly examine and see if White
could have any motive. any indIccment to
commit this terrible crime Gas Swan
calls it, But few eases in the worlds histo-
ry have ever come to light where crime has
been committed from the love OF it. You
NAV search the record ofcrime from the death
of Abel 10 the present time. and its whole
history will reveal the fact that when crime
is attempted or committed, strong motive
will appear for its commission. Absalom,
the son of David over whom his patriarchal
father wept bitterly. had for a motive for his
rebellion lin which he lost his life an in
tense desire to be King of Israel. And thus
| as it ever been in all climes, in all ages.
For what was W. II. White willing to run
this fearful risk! For what does he take this
terrible leap in the dark with two strangers.
{ for they were entire strangers to him, he
had no acquaintance with them) that was
more than likely TO impale him upon the rag
ged rock of irretrievablc ruin: Was it to
save his party? He knows that the seventy
republicans in this State, TO a man,
would rise up and condemn in thunder tones
such proceeding rs Swan represents him As
engaged in, no matter what political or party
gain was to he had thereby.
Can we find any sufficient or adequate in
ducement: No. sir. None car be found
imagined. You will perceive that there was
no occasion for any action Of this kind. True
it is the people Of this State were at that
time wrought up to a tremendous pitch OF eX-
citement, from causes that l need rot stop
to mention.
But the plot to steal a State had mis-carried.
Sproul of NeaZie, Voter Of Pennington and
Snow of Skowhegan had washed their hands
of it, and refused to have anything to do with
it, which left the fusionists absolutely power
less.
1t has been suggested that Swan and iiar-
riman have testified that White did not fur
nsh the money they say they received. J.
o. White says Wallace White showed him
the money Monday night, which effcctually
coniradcts Swan, who says he had to leave and
get it. We have thus seen, gentlemen, that
Mr. White had no motive, no incentive to
commit this crime he is charged with. 1t is
unreasonable, it is absurd, and will not be
believed. As have before said, if Swans
and lIarrinian's stories are true. they are
criminals. And in that light you should ex
anime their testimony. If they took any
money. rs they have testified to, they COM
mi,ted crime. If they did not. By their
testimony they are conspirators and their
word. uncorroborated, will not stand mo-
ment against that of an honest man like Mr.,
White. Because our courts have said, in
the Commonwealth VS.. Bosworih, 22 Picker
ing, p 397. an accomplice was placed upon the
stand who had been promised in lemnity if he
would tell what he knew about GER
tain larceny. and was offered by the officers
of the law 500 if he would tell where the
stolen cloth was. He was allowed TO testify,
but Judge Morton in delivering the opinion
of the court said: But the source of this ev-
idence is so corrupt that it is always to be
looked upon with suspicion and jealousy,
and it is deemed unsafe to rely upon it with
out confirmation; hence the court consider
it to be their duty to advise the jury to ac-
quit where there is no evidence other than
the uncorrohorated testimony Of an accom-
plice.
That was the case of larceny, and that was
the case where the party had been offered an
induccment to tell what he knew in relation
to the crime. Subsequently the same matter
came before the Massachusetts, courts in an
other form, and that was in the case of the
Commonw ealth vs.. Downev, which will be
found in Gray. page -. Bernard King
testified that he purchased liquor at the de-
PENDANTS shop for the express purpose Of
prosecuting the defendant for the sale thereof.
And suppose that Bernard King in that
transaction was actuated by higher motive