Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-09-20

e than his assailant. he thing in question i
l the legality of that blow, and If you believ,
= Getchells testim. ny you must believe tha
t the blow was legal Great stress was put b,
d the prosecution on the inconsistency O.
Geiehells wanting 10 get home early and hi
d walking j1wn Water street. Had be no
e met Hopkins he would have arrived hom,
T about 9 O'Clock. Wasn't that early for Sat
urday night. During the seven years Getch
: ell has worked in Ben, ett's there las beer
n one conviction against the place as liquor
( nuisance and that was for selling hoF
beer. Bennett pleaded noio eonseadere
: On the other hand who sits behind the Coun-
, ty Attorney? Michael Burns, a man well
acquainted with Law. and Harry X. II )pkins,
{ who has had much TO do with courts. The
I introduction of Hopkins widow and mother
; into the case has been merely for dramatic
effect. Were this an ordinary case of as
sault and battery, how long would the Jury
} be in finding verdict for the defendant: !:
and because through a mere rccident hich
no human prescience could foresee death
has occurred you should not hesitate to find
the same verdict.
After recess of five minutes County At
torney Carlton began the closing argument
for
The Prosecution
by reading portion of the Indictment and
the law relating 10 msnslaughter. He spoke
OF the great discretion which the law gives
the court in regard to sentence for this crime
lie then alluded TO the soemnity of the
duties which a juryman is called to perform,
the unpleasautness OF the duty of County
Attorney in cases of this sort Whether the
respondent shall walk forth free TO strike
| some one else whom he may think is insult
ing him, or whether he shall meet the full
reward of his crime is at your discretion
Wealth and the social standing of the ac-
cused should have no weight with YOU
Every consideration that ingenuity of skilled
counsel could think of has been urged in ia
vor of the respondent. Has the position of
the government been shaken? Has not the
charge of the government been ma lie out?
The killing of Hopkins is admitted in
the manner stated in the indictment
1t is known that the two had trouble. Hop
kins is found insensible in pool of blood,
and soon after died. Getchell admits that
he alone made the assault ON Hopkins per
SON My understanding of the law is quite
diferent from that of my brother Heath but
you will take the correct version from his
honor My brother claims that The death
came from accident, and that the respondent
should not be held responsible because he
fell on the track. lie was On the track he
knew he was there. and in striking that blow
he accepted The burden of the consequences
which might ensue from his being there. |
claim that the whole defence falls to the
ground, because ii is untrue. Gvtchell's tes |
timony, when il is examined, must be admit |
ted 10 be false. He says Hopkins was almost
his bosom friend. Yet he tries To prove him !
anything but Il decent man, a drunkard and |
brdW Ter. lie, this aristocratic retailer of hop
beer had such IA man for IA friend. He says |
that without provocaton Hopkins insulted !
him; that the next day he, himself, told |
Burns he would INK" him. However high |
toned and exemplary he may be he frequents
Joe Fo,e's saloon. He admits that what
Burns >als is true. He states he scarcely |
thought of what Hopkins SAID the night be-
fore, although he was several times told of
1t during the day. Who told him of il? No |
one but his own evil thoughts. Actuated by |
Il desire TO get home early, as he saws, he |
went by Bridge street where he lived, and |
walked up and down the whole lergth OF |
Water street. Though he hadn't thought of |
Hopkins during the day, he spoke of him to
Breen and asked for his revolver for defense
against him. The attorney then rehearsed
the story told by G.tchell, dwelling on the |
improbablities of hls statements. The stoiy
is IA tissue of falsehoods from beginning to
III.
says he was little ahead and to the let OF
Hopkins. When he struck hun he fell across
the track and hit his head ON the guard rail |
He, himself, stood astride the other
rail. 1t is impossible. The railroad
makes it impossible. He sat him up be-
tween the track in the mud, did he? While |
young Hopkins is not here to deny this lie, |
his clothes will prove it. His pants tell the |
truth. There is no dirt on their seat. 1t
is clean. Could he have set him up without
their becoming muddy. On the conlrar,
the clothes all show that he lay prone on his
face. My brother Heath says that it Getch-
ellis story is true he must be acquitted. |
say if it be false he must be coaricted and
that ii as false and he knows it to be false.
Then this umbrella which belonged to
customer, which he dropped where he stood
when he struck Hopkins. The umbrella
was found where the hat was. How did that
happen3 Why did James Getchell atteI
little passing occurrence as he represents
the whole matter leave that customers UNI
brella on the scene. See that overcoat with
the blood ON the lapel. Showing it. Could
that have got on when the coat was off his
backr He says his watch charm was brok-
en- and they tried to prove, yes, they even
went into the coffin OF the dead to prove that
his hand was bruised. They lamentabiy
failed. All day Saturday Hopkins was at
work runnlnga press. lie wasn't brooding
over any injury. That night lie went for
paper. lie wasn't perambulating down
Water St, that night. All the witnesses
agree that Hopkins said nothing when they
met. Getchell heard hum say, you stink
er." Now | claim that Getchell was out
that night looking after Hopkins. lie said 10
Dunton, "Boys turn ont to my funeral won't
| IA tl,,.. a,
early" The hrst words heard by Duuton
and Brennan were Billy, | want TO see you
minute" Though he lrIed To pacify Hop
kins he thought crowd was follow my them.
Did they 20 to some quiet store where tney
could talk it overf No They went up On
the common battle ground of the thugs and
DIawlers of Augusta. They went there to
| night To settle their difficulty with their fists
Getchell was not then the weak peacemakeT
he would now have you think him. Breen
says they were talking with their heals to
| gether clever like. The little Rice boy, in
capable OF .ie with honesty depicted in big
| letters all over his couutenaL &c. rays not "A
word was spoken. GrtchelI says they were
I talking loud AID stopped on the crossing
while Hopkins sale he was a coward ana
darsn ut hght. Mckenney didn't see them
stop. Morton d.dn't see them Bro. Heath
/ say - that iiOPhibo was petStsttHt- Ijil ti3aL
gave Getchell a right To Kill him? He says
he called Getcheli names. Ought Getchell
( TO have killed him for tbatI lie reasoned
with bim 20 he says, but when Hopkins
struck hInl and didnt even touch hin, ,Getch-
ellis ieit hand few out and Willie Hopkins
went down to his death. Why. Getcheli
could pick up Hopkins like a babe aud dia
80 unless lie has perjured himself. Once
a man cuiied his wlfe aud she fell and died
lie was Convicted OF mansIauglltrr The
attorney cited other cases, notably of Francis
Murphy, who kicked man down stairs un-
der great proyocation The doctrlne of a
blow Tor blow i. not legal. When a little
fellow gives me tap 1t don't justify ME III
hitting him a John l.. SULLIVAN blow.
But as Brother Heath says there was Only
slight difference of ~ pouni la their weight.
Laughter Upon Benefits business, il
winch this exemplary young man vas engaged,
will not dwell. Ii Harry Hopkins hadn
sweled the county treasury with fines, il he
had used his money to buy the Augusta offi-
ciais to keep from being raided, has the
man opposite, he might be building brick
l. =