The Portland daily press., 1881-08-17

been given. three guns were discharged and
Chad wick fell TO the earth, shockingly wound
ed. The murderers added the indigaity of
| cursiDg the poor wretch as he lay with his
! garments rolled in blood. telling him that
what he had got was good enough for him"
Then promising TO "hunt the surveyor" they
TOOK their leave. Chadwick lived 43 hours
made deposition as to the part of the gang
who had shot him, identifying two beyond
| doubt. subsequently some If the party went
before justice offering to confess the whole
transaction and giving list of those concerned
| in the tragedy. Thus the evidence was of the
strongest. The man who had
TURNED STATES EVIDENCE
was put upon the stand last of all, aud was du-
ly cautioned that he need not criminste him.
self The solicitor general then asked him
what he knew about the murder
i konw nothing about it, was the amazing
reply
"Did you see either of the prisoners on the
9Th of September. or on the 9th?"
Did you see Chadwick on eiher OF those
days?"
"No." la. E- 'Grl f.r....-1
With this extraordinary bit of testimony the
government side closed for the time being
Jonas Proctor, the man who thus betrayed the
government, doubtless ranks among the men,
orable witnesses OF the region. Cboatsg testi-
| ned the was the man so promptly qneted by
| the sight OF the pstor, and described the wells
worn over the faces of the attacking party Tone
face, and was thus recoguized) and likewise
the language, which may be called Malta
indian, used by one who said: "Me 90 hunt
surveyor" Another witness saw the men,
disguised, about two miles from where Chad
wick was shot. They inquired for the survey
or and for Chadwick. One said he meant TO
"straighten Chadwick's eyes for him." threat
which would seem to indicate that the victim
was possessed OF an eyesight not adapted to
running lines. David Leeman swore that
a of n fha ,iot,fa fya~
the murder, and that he heard voice within
saying, II meant to fetch him, I thought I
should fetch him, did fetch him." speech
very much after the came, saw and con-
| quered'' style of the great Roman A neigh
Dor testified to seeing three men putting on
| their disguise by the roadside, an incident
which showed how strong public opinion was
In their favor, they assuming disguise as a
mere matter of form. 1t was in evidence that
the prisoners were severaIy asked before the
Justice, prior to the trial. if they were in dis
guise and present when Chadwick was killed
all answering yes. The doctor of the town
testified that one of the accused sent for him.
and their meeting was in the woods on a dark
night, the doctor being required, it would
seem, to stand eight feet away--the whole
scene being highly dramatic. The converse
ton turned on the best course for the accused
to pursue. There was denial, specifically
OF guilt. Mention should be made of the cir
cumstance that quite long discussion was
held over the point whether Proctor should be
admitted to testify, counsel and judges partic-
pating. Whereupon, as was before mentioned,
the ingenious Proctor proceeded to periure
himself. This issue is reminder of the IA
miliar anecdote in English practice, where
witness was asked, "What did Mary ssy?'
ThereuDon two hours were devoted to argu-
ments; it was decided that the witness might
answer (the judges in secret session SO conclud-
ing) and the upshot was that this reply came
from the witness lips, "She didn't say moth
ing"
THE DEFENCE.
Mr.. Wilde, the great advocate Of the region,
opened Tor the defence, and, with eloquent
ability, pictured the oppression that was being
visited upon the innocent clients, whose cause
was so near his heart. The defence introduced
sundry witnesses to show that identification
Was impossible through the disguise worn by
the assailsnts, to prove an alibi, to discredit
the government witnesses, to confuse il it
were needed, jury which, as it appeared
afterward, were only anxious for ground TO ac-
quit, with show OF decency, its friends who
were in trouble. Adams Pitts, the boy impli-
Gated, was the subject OF testimony to show
that he was not strong-miuded. "He was mar
ried at Is. That circumstance alone shows he
is man OF small Capacity" was the philo-
sophical averment of witness When
asked OF Pitts's education, this interesting wit
ness answered, 'Slim He lives 10 the woods"
What of young Pittss religion? "His father
has been round the wheel of religion and
thought it wrong TO teach him any Christian
precepts.' Pitts bought toys for his amusa-
ment after his marriage, which shows that
marimony had failed to fill his cup OF blessing
A discreet individual. when asked of the repu-
tation Tor truthtulness Of a government witness,
said: 1T is a tender point | do not wish to
say much upon it, THIS euphsInism is wor-
thy of remem mbrance. Over against the diving
declaration of Chadwick. which was read in
court, the defence placed the testimony of two
men, who declared that Chadwick, Just after
his wounds were received, told them he did
not know who his assalants were.
Mr.. Wilde and Mr. Melen both addressed
the jury for the defence after the testimony
was all in. When Mr.. Mellen rose to offer the
final words for the prisoners the jury saw be-
fore them in his person one of the command
ing figures of the time. An impressive pres-
ence, an mpassoned style, the charm and
grace that reinforce a sober address l., reason,
Zeal according to knowledge, these elements
of successful appeal to the jury were all Mr.
Melens. His impetuosisy could sometimes
brook no opposition. "You are aware, Mr.
Mellen," said Chief Justice Parsons on one oc-
casion, that there are authorities on the other
side. "Yes. your honor, but they are all in
my favor!" The arguments of the prisoners
counsel subtly wove . defence which was
plausible in the extreme, and yet was in real
lty, OF such stuff AS dreams are made of, The
words OF the "A witnesses who had spoken
were ingeniousy discussed, and made to turn
whithersoever the lawyers listed. That they
who assaulted Chadwick meant only to cripple
and frighten him was proposition insisted
THE ARGUMENT FOR THE STATE,
the solicitor-general uttered striking sentences
which summoned up the atrocious details OF
the plot to rid themselves of the presence Of
the representatives OF ownership, which che
squatter creed deemed an unpardonable offe nse
for the only proprietorship it wished to rec
ognlze was occupancy.
The charge by Judge Parker set forth clear
ly the equal guilt, before the law, of principals
and abettors in the crime; that, where no
provocation exists, the intention to commit
personal injury, when the execution of the
purpose ends in death, involves the penalty
attached to murder (the prisoners counsel
claimed that manslanghter was the offense,
since it was only intended to alarm and slight
ly wound Chad dwick); that to assemble in dis
guise, armed with deadly weapons, was In it
self an offense, and the issue of such a meet
ing was q responsibility belonging to each of
the party; and that, while his confession is the
strongest evidence against q prisoner, an alibi
is the weakest evidence in his favor The
judge in commensing on Pitts's feebleness of
mind, adduced an instance where child years
old, was executed for the murder of his BROTH
er, because, by digging hole and concealing
the body, the child showed he was a moral
agent, capable of discriminating between
wrong end right. The judge said that, while
he had intended to express no opinion of the
case, the jury might have discerned it. That
opinion was obvious, il is presumed, to the 10 o
as to those who now read the charge. The
solicitor-general was strongly and yet properly
supported by the bench, as it gave instruction
to the IL whose oath was to sit so lightly upon
them. Why do we hear of our citizens assum-
ing the garb of savages, and perpetrating acts
at which even savsges would tremble? ex.
claimed Justice Parker. This was on Massa-
chusetts soil, be it remembered to our shame
For long time in this region, said the Judge,
the opinion has prevailed that man, in de-
Tense OF his supposed rights, may assemble
those who have like interests with himself,
aud. b, menaces and violence, prevent his ad-
versaries from obtaining evidence.
GENERAL RUIN AND BLooDsHED
will result. There are threats of rescue OF the
prisoners and that the penalty, if laid, shall not
be executed. This is treason. and the great
commonwealth of Massachusetts will not tame
ly permit Its authority TO be defied and its
prisons violated The citizens of Malta and of
that region heard some plain language on that
day in the Augusta court house, and there is
no finer picture of the dignity, courage and
hrmness of the bench than that to be viewed
In the closing hours of this memorable trial.
When Judge Parker named treason as the o.
Tense lightly committed in the Kennebec Pur-
chase, there was the beginning Of a new order
OF things. Those early Ku Kux raiders met
their master i'll the court VIII ch Was not moved
frnp ia Aato hS tho,