Morning journal and courier., 1888-01-21

lished. If Coffee is innocent and did go to \ Guiiford as only one man sWears, and that
 witness Conductor Mason, branded by ! Coffee himself as an accomplice, how did | he know at o'clock the next morning that ! Way had been killed, as he told Mrs. Fully | not having met sou: on the way from Guil- ! forda After recalling the fragmentary ad-
 missions of the prisoner MT. Rogers seized | the blue overall gag and dramatically placing \ it in his mouth and around his throat said:
 ''The man who murdered Charles Way threw that gag by the side of the railroad track. I now wish to unite it for the first time since it | accomplished it's fatal work" Having united
 the knot, piece of the blue cloth suspender I used to hold on the overalls was found in the
 knot. It almost exactly corresponds with
 the other suspender found in Coffee's house | after the murder.
 1 Attorney Rogers occupied an hour in mak- ing his argument and closed at 11:15 He was followed by Attorney Loomis for the \ defense.
 He called the attention of the jury to the
 fact that Coffee had never been tried and bound over by magistrate usual, but had been rushed into court on bench war \ rant, claiming that if he had been tried by a magistrate the case would never have come ! to trial He then read from numerous au- \ thorities, which demand that in any case of | death before man can be convicted of mur- der it must be proved beyond any reasonable | doubt first that the deceased did not die of natural causes, and, secondly, if he did not, | that the accused was connected with the | death. The attorney then quoted Drs Car malt and Iindsley and other witnesses for the defense, whose opinion was that Way was alive when struck by the train, maintaining that the State therefore had failed to prove l the first essential, namely that Way did not | die by the train. In reference to the blue I gag he said it was preposterous to claim that |
 Peter Coffee was the only man on the Shore
 Line who wore blue overals, and if he had
 done the deed would he leave the gag as evil
 dence against him right in plain sight on the
 track half mile away! Furthermore, the similarity of the pieces of cloth found on the track and in Coffee's house was no greater
 than exists between any two pairs of overalls
 found anywhere. Finally, no sane man would pretend to claim that one man could
 strangle bigger man to death with piece of !
 cloth that would not reach around his neck | once. The vest that is brought into court has |
 all the buttons torn off. That the pants \
 pockets were turned inside out proves noth-l
 ing at all. The train might have done any
 thing to the clothes. The empty poeketbook |
 is another thing which the State insists op.
 Witnesses are brought in to show that Way
 had money. They saw the edges of bills only, and what Way said to them shows that
 it was not his money, but the company's. He
 had plenty of time between that and the time of his death to send that money to the
 company to which it belonged. Again, there
 was opportunity for some one to take it out of the pocketbook while it lay in the coat pocket on the track. It has not been proven \ that there was blood on the overall cloth. \ All the State experts could say was that there might have been blood on it. But even if there was it could easily be explained
 He reviewed Masons testimony and held | that it had not been shaken in the least. ! About the accused's conversation with Mrs \ Fully, Mir. Palmer swore that he told Coffee about Ways death at 5 o'clock, and Mrs
 Fully testified that Coffee did not come to her house to tell until half an hour later. So that from Selectman Palmer's house Peter I Coffee went back to Mrs. Tully's for matches ] and told her. Unless you find George R. ! Mason guilty of positive perjury without any positive motive you must acquit Coffee ! But Mason is eorroborated by several witnesses. By the telegram we have proved beyond reasonable doubt that Way was alive at 10:05, after Coffee went to Stony Creek.
 The last round in the struggle for Peter Coffee's life was fought by ex-Judge Blyden- ( burgh.'
 He first called the attention of the iu1y to . the alleged unkind and unjust actions of the State. He said they brought in an unfair map, and omitted to bring out facts from l State witnesses which were in favor of the f defense and continuing said:
 ''f you believe Mason's story, as know | you will, the State knows that it's case is ! dead. So they, without proof or motive, : charge Mason with being an accomplice. If | , the State believes that Mason was such as ! they claim to, it is your duty, MT. Attorney turning towards Mir. Doolittle-to bring { him in here and put him on trial for murder , Instead of that he is stabbed in the back, ! which is utter cowardice."
 He next reviewed the facts in the case and : said that Dr. Gaylord never dreamed of any , thing save suicide. Suspicion is thrown up E on Coffee and the machinery of the State set 7 in motion to track all his whereabouts They , knew the meaning of the telegram which . they had in their hands, It stands like ada ! , mant in this case and reads: "Charles l. Way Z was alive at 10:05 May 9, 1sS7." Who has upon the witness stand shaken Mason's story E in the least And what possible motive has | ; Mason for falaifyingl The possession by : Mason of this watch of Coffees ought to show : them that this case should never have been ' brought.
 After stating that no reliance could be placed on the testimony of Dr. White, he Q said that experts for the defense had fatly ' him.
 No external marks were found on Ways ! ' body except such as indicate death by acci- dent. As to internal signs the State claims suffooation is proven. The experts for the defense prove conclusively that Way was alive. How he came to be lying on the track u l know not. He might have got there in f. fifty different ways, but it is not our duty to T, prove how he got there. know Coffee did A' not put him there, for he was in Guilford W
 Suppose Coffee did tell Mrs. Fully that O. Way was killed. All the neighborhood was n dive over the occurrence and of course some- ! ,ne told him. Mere idle statements of per ! 2 ,ons drunk are not to be thought of. They ! Il bring in the grand jury to weave a rope around d ;he neck of the accused. Suppose he did say | Ia Mason would have to help him. It was very | = natural that he should say it, being fright u sned. Now, as to the piece of blue overalls, it n s merely wasting time to notice it. Nc man n ,f murdsrous intent ever would tie 8 knot of r, 'hat kind to use it for the purpose the State attributes. Way was alive at 1005 and you " cannot deny it. If you find this man guilty 0 you convict Mason of perjury. The State h ;ried to make you believe that Mason did A not do his duty, but we have proved he did. h. Mason is confirmed by Miss Norton as to al alking with Coffee at Guilford station. It e loes not make any difference if the accused hi md the witnesses do contradict each other ! tL
 State Attorney Doolittle made the clos hC ng argument, commencing at 3:45. He said: ze
 "The defense claims that the State is not ! o, rying this case fairly, after having put your l si and in the treasury. It is my duty to as- ertain what is true and put it before the | e6 ary. say that Coffee is guilty and think al hat have proved this beyond reasonable G oubt 4dl
 Peter Coffee said to some railroad men: dc Suicide be d-d. For thousand dollars ht Till tell you all about itp The question was th sked him, How do you know there was foul dc layP know it, he replied, land for to aeusand dollars will tell you.' He said he fla as with Coffee two minutes be- Hi illed him by foul play. Peter liy ughed the idea of suicide to scorn and very 20 isely as the evidence in the case shows It's J. i old maxim that when wfna fla in wifi fla xwa