Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-10-13
BY TELEGRAPH.
Jsdge Gllbess Argument for the STATE
The Case Goes to the Jury This
Morning.

RocxLAxD, Oct. L. In the Cain murder
trial, today. Mr. Staples concluded his arsu-
ment for the defence with forcible appeal
to the jury. Judge Gilbert began his argu-
ment for the State at quarter to eleven and
spoke for five hours, making a very strong
argument. In opening he referred to the
distress Of the parents of the prisoners, but
said theirs we're not the only families plunged
in grief by this tragedy. There is duty TO
the community as well as to these youthful
defendants. The protection Of society de-
mand that boy murderers as well as adult
criminal. shall be taught that there is pen
atty for crime. The confessions on
which the State rely are con-
fined to three occasions. What was
said when they were first called up the night
Of the twelfth; what they said next morning
in Shepherds Office, and the confessions at
wiscasset. All the testimony about what
was done at other times and places Is outside
Of the case. The testimony aboat intimida-
ton, too. comes from the boys themselves,
and parents; other witnesses contradict it.
Willie Cain went away with two dimes and
five cent piece in little pocket book, and a
knife in his pocket, none of which have ever
been seen since, unless we have shown the
pocket book. 1t is not necessary for the
State to show how the body was carried to
Goose river, if it shows that he was murdered
at the pond. But if the jury see the evidence
that he was first robbed, then murdered at
Goose river, then the murder there is same
as murder at the pond. The counsel claimed
it would have been impossible, for the body
fioated greater part under water, to have
been landed on the brush pile so that the
BODY would be some feet higher than the
brush. Counsel argued the great improba-
would go to that lonely spot to battle, and that
any boy going in swimming would leave their
clothes in that manner, shirt with sleeves
folded up and tucked in around the edges. 1t
was necessary to the theory of those remov-
ing the body that the grass under the clothes
should be killed they found the flat stone
and threw it into the brook, but finding later
it would be a witness against them, they re-
moved it. The theory Of the government
was that the body was taken from the pond
by the prisoners Immediately after the drown
ing: it was concealed and afterwards removed
to the spot where found. The defense
attempt to account for the lime not admissa-
Bile. The body was beginning to petrefy and
likely to attract attention where it was con-
cealed; the lime was put upon it to kill the
ordor; quick lime became Stacked lime, and
this accounts for the lime in the hair and
clothes and the loss of an eye; the absence
Of the money from the clothing when found;
the testimony of the knife and pocket book
corroborate the confessions, and make an i'm
pregnable case. The other points of evil
dence. including the question of an alibi
were extensively commented upon, and the
argument closed with an appeal to the jury
to do justice and protect society. The case
will be given to the jury tomorrow morning.