The Portland daily press., 1884-01-11
THE MAINE STATE PRESS.
MAINE.
Maine's Murderers- Oscar e. Blaney and
mrs. Barrows Indicted for she Kittery
pKurder-The Richmond Murder

ported today 20 indictments, 20 of which were
liquor indictments. Oscar e. Blaney and Mrs.
Barrows were indicted for the Kittery murder.
Whether any other parties are implicated as
reported at one time is unknown as the indicr-
ments are not made known. These cases will
probably De tried this term.
Judge Barrows Successor.
A petition for the appointment of Enoch
Foster as judge of the supreme oolrt Ia being
circulated among the attorneys attending the
court.
The Richmond Case.
BATH, Jan. 10.-Messrs. Spaulding and
Heath argued for the defence in the Richmond
case this forenoon.
In arguing for the defence Col. J.W. Spauld-
ing of Richmond. counsel for Hopkins, after
stating the law relating to the charge contained
in the Indictment, and the duties of the jcry
in consideration of case of this kind, said
that he should claim acquiItal of bis client at
their hands because the government had utter
ly failed to produce reli .bIe testi.oony show
ing guilt of the offence charged. The witness
Elizabeth Polley's is the only one who testified
to striking or kicking by Hopkins and she
stands confessed perjurer. She swears she
was the wife Of the Iadian; was married to
him ten years ago at Bangor and then she had
to admit she was still the widow of third hus-
band (Pol eysl aud drew pension as bis wid-
ow, and has on every quarter made oath that
she st II remained bis widow in order to draw
her pension. The heel marks are really the
oplg evidence bearing against Hopkins, ard it
is remarkable, il The marks were as delivered
and dk.G, nd n a
tns physicit should place thszssssfar -one lc-
calily and the other in an entirely different
place. All the government wi nesses who saw
the Iudian fall say, be fell upon his face aud
never moved Hence it would be utterly i'm
possible to kick him SO as TO cause marks upon
his face Hopkins says he did no striking nor
kicking, Nor r4vishing and that he vas OUT
side with l. Mt at The lime.
Counsel spoke two hours contending that the
prisoners are no more interested ia the result
OF tine trial than are the government witnesses,
Plum, Lint and Widow Polleys.
Hon. Fl. Nd. Heath, Counsel for. Turner ar
gued it was apparent that the State has failed
to connect Turner with the killing. No Wit
ness claimed be struck any blow OR did any
killing. Rape was clearly disproved for the
Indian woman's cons ant to the act fully and
clearly appeared. The case as presented
makes it just as probable that the killing was
done by other inmates OF the house, and charge
made against Turner aud Hopkins by con-
spiracy among the parties really guilty. Wit
nesses to the alleged killing have contradicted
each other on every material point. When
on motion of the defence the cozrt ordered
the states witnesses to be excluded from the
room and each to be examined In the absence
of the Others, the other participants in the
events of the fatal night cashed on every ma
terial point Iu substance the argument
some two hours in length was that the govern
ment had utterly failed to prove It's case. The
alleged rape even upon the government testi-
mony was effectually disproved. The char
acter and credibility OF the inmates of Plum
mer's house we're severely attacked, and ac-
quittal was asked as to Turner even upon the
-tsstimeayy2st the Stateiiselis = =
Attorney General Henry B. Cleaves began
his closing argument about 8 o'clock. He
called attention to the statute upon which the
prosecution is based, and defined his under
standing of the law applicable to the case. He
claimed the prisoners were engaged in an un-
lawful act, were acting in concert and in pur-
suance of common design. They both
principals because there was evidence showing
that lhey operated az the same time for the
fulfllment of the same preconcerted end and
that they were SO situated as to be able 10 fur
nish aid to each other. The Attorney General
claimed that the evidence was sufficient to
show that Turner committed an assault upon
q tho TpNi = hot Hapkiua stoO6 hu aid
ing him, and if violence, as claimed is proved,
then they were attempting to perpetrate a
crime punishable by an unlimited term Of
years; aud if murder was committed in accom-
pishing such crime it would be under :he law
murder in the first degree. Ii the crime re
ferred to was not being attempted it might be
murder in the second degree. Evidence as
BEARING on the different degrees was then dis
cussed at length, the occurrences that took
place in the house, flight of the inmates to es-
cape further violence, and the brutal wounds
inflicted upon the deceased, as the government
claims, by respondents wers dwelt upon. He
claimed that the attempt to prove the good
character OF the prisoners was a failurs; that
the attempt to palliate tais crime By showing
free use of intoxicating liquors should recoil
upon those who advance such pernicious
doctrine, and instead of being an excuse for
the crime should cause the jury to apply the
law with greater strictness, otherwise we are
offering premium to criminals to voluntarily
get intoxicated to prepare themselves for COM
mission of grave offences.
The Attorney General continued at some
length discussing the various points of the case
tho inr7 of ta
crime by their decision. He argued that the
prisoners alone had motive; that they had
an opportunity; that they struck Joseph Den
ny down while he was seeking to prevent an
assault upon his family. But Denny was in
his own house and was entitled to all the pro
lection under our Law that is given to the high
est of American citizens, and that verdict
here OF lot guilty or of manslaugater would
bring disgrace upon the administration of JUS
tice. Testimony of the respondents was re-
viewed and criticized. Their admissions that
they were gnilty that night of many crimes
was evidence that mast satisfy the jury of the
character of the enterprise in which they were
engaged. He again urged upon the jery the
Importance of doing. their duty sfearlessly that
the testimony if be ieyed required verdict of
guilty and when it should be rendered. even
the counsel for the prisoners Roald feel that
lawlessness and crime had been once more re-
buked.
The entire day was occupied by arguments
of the counsels. Judge Libbey will charge the
jury in the .morniog and verdict will proba-
bly, be reached tomorrow.
Death of Rev. Dr. Quinby.
AUGUSTA, Jan. 10.-Rev. George W. Qaiu-
by, D. D.. died at his home in tnis city at 80
p. m. He had been suffering for long time
from complication of diseases. but the prox-
imate cause of his death was pneumonia which
from rapid course and SO violent at fret con-
sidering his debilitated condition as to preclude
all hope OF recovery. DR.. Quinby was born in
the village of Saccarappa in the town of West
brook, and at the time Of his death was a
little more than IS years Of age. His life has
been busy one. AS clergyman OF the
Universalist denomination he gained much
emiuence and was we'll known throughout
New England, and even ia many sections of
the country outside as an editor and author.
He also had no mean abb tiles. For several
years prior to 1857 he edited paper called the
''iStar of the West Published at Cincinnati,