Evening journal., 1890-12-26
SAWTELLE MUST HANG.
Found Guilty of Murder in the
First Degree.
CLOSING AReUMENrs oF CouNsEL

The jury Was Out One Hour and Fifty
1finates-The Fratricide Sentenced to
Te Executed on the First Tuesday in
January, 1892.
DOVER, n. H., Dec. 26.-Isaac b. Saw.
felle spent his Christmas day in listening
80 arguments Of counsel before the Jury
watch was trying him for the murder Of
his brother
The court came in at 9.05 and Lawyer
Edgerly at once began his argument for
the prisoner. After speaking Of the i'm.
portance of the case he alluded to the rules
of law necessary for them to understand,
and applied his explanation OF the evi.
dence. The Indictment he said, contains
two counts, one charging willful murder
of his brother in Rochester, and the other
that he hired, procured or induced some
party in the state of New Hampshire to 20
into Maine and commit the crime.
The WiIIeys' Testimony Questioned.
Counsel claimed that the evidence failed
70 show conclusively that Hiram Sawtelle
was in Rochester at the time the murder
was committed; that his identity had not
t~efrfully established. He called atten-
tion'to the testimony offered as to the time
3he pistol shots were heard on the Roches
ter road and the time at which Isaac's
seam was seen In that vicinity Without
the testimony OF the Willeys, the state
failed to show even a suspicion OF a crime
an New Hampshire, and that testimony
has been contradicted by a number Of re.
liable witnesses The state does not show
that Isaac Sawtelle was on the road at any
time when they aliege these shots were
fired
Claim the Crime Was Committed IN Maine.
Counsel claim there was no evidence to
show that Hiram Sawtelle was killed be.
hind the Morrill, barn or that he was shot
by Isaac while in the buggy His theory
was that the man was killed in the state OF
Maine near the grave where the body was
found buried, and that the blood stains
found upon Isaac's coat and vest came
from his sore wrist. Counsel touched very
lightly upon the second count of the in.
dictment, denying that the fact had been
established that Isaac had any accomplice
in the crime
Argument for the State.
At 9 o'clock Attorney General Barnard
began the argument for the state. The
left Boston, that he ever arrived in
Rochester. and that he was ever killed.
The only fact admitted by them is that
the body Of some man was found headless
over in Maine, with the arms taken
off and Of which they knew nothing. We
all know that the Identification OF per-
son IS difficult thing. Usually we re-
member a person by the expression and
cast Of counfenance. Who ever buried |
tnis man in Maine knew this fact, cut off
the head. arms aud clothing 20 render
identification impossible, but The speaker |
asserted that the Identification had been
accomplished without the shadow Of |
doubt The attorney general then out
lined the history OF the trouble between
Isaac and Hiram over their fathers prop |
erty claiming that Isaac found that he |
had got 10 get Hiram out OF the way or |
abandon all hope Of getting possession
The attorney general claimed that the
states testimony completed perfect |
chain OF evidence against the prisoner
The Question OF Jurisdiction.
As to when Hiram was killed no pistol |
shots were heard near the grave. Wasnot |
he killed where the shots were heard? II /
these shots were not fired in his carriage,
who discharged thems They say he was |
killed in a struggle. Doyou believe Hiram |
would have driven five miles on that |
lonely road with that man and then got |
out aud had fight in which he was killed. |
The Judgo's Charge.
The argument was finished at 5:i5, and |
after recess OF ten minutes Judge Doe /
charged the jury. The first count he said, |
being charge that Hiram was killed in |
New Hampshire, il is necessary to care
fully weigh all evidence as to which side |
OF the line the murder was committed. III |
the jury believe that he was killed In |
Maine, then the prisoner could not be con |
victed upon the first count; and il he was |
found guilty upon the second count, then |
IL must be clearly shown that Isaac
had an accomplice in Rochester, N. II. |
The chief Justice further stated that il /
murder had been committed 1t was muir |
der Ia the first degree. He was not aware |
OF any evidence Of any other murder In |
this case there was no question Of law. |
The jury had nothing but simple ques- |
tion Of facts to decide. At the conclusion |
OF the charge the jury retired and the |
court room was cleared.
Murder In the First Degree"
The jury filed IN at f:40, one hour and |
ffty minues after they left their seats.
and the clerk called the role, the sheriff |
making the count. The foreman then rose
and In answer to Judge Does question.
r.-ss1avs you agreed upon yerdicts" said,
-'We have
What say you, gentlemen Of the jury"
said Judge Doe, 'as TO the first count, do
you find the prisoner guilty or not guiltygn
1--WE find him guilty. as the answer
HOf what degree Of murdera"
"Of murder in the FIRST degree.
Attorney General Barnard Immediately
moved for sentence.
Tie Death Sentence Read.
After brief consultation with Judge
Bingham Judge Doe wrote the sentences
and handed it TO the clerk TO be read, as
follows: Isaac 3. Sawtelle, the sentence
of the law is that you be imprisoned in the
state prison at Concord until the first Tues
day in january 1892, and that you then be
hanged By the neck until dead"
The prisoner was pale, but did not make
motion except that he respectfully turned
his head toward the clerk when the SEN
1ence was read, and there was nothing else
In his manner to indicate that he had inst
been sentenced to death
Defendants counsel have taken three
exceptions. First TO the testimony OF
Marion Sawtelle; second, 70 the admission
OF the copy Of Jeanette's telegram 20 Isaac;
third, the testimony of witness in regard
of the amount Of travel on the Marsh
road They will be raised on briefs and
arguments viii be given before the court.
whose decision will be rendered the day
appointed fox the execution Of the sen.
tence.