Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1890-12-24
eAwIELL TRIAL.
Prosecution Closes aud Defense Gem.
mspcss With Its Case.

Dover, N. H.. Dec. 23.-The last day
of the prosecutors case in the Sawtell
murder trial. opened at 9.0S this morning,
when Chief Justice Doe, after chatting with
the reporters. took his seat on the bench
Jedediah Morrill, was called, and described
the location of the wagon tracks near his
barn on the East Rochester road. William
of Lebanon, Me, found the
picksxs handle in his lot \ quarter Of mile
toward East Rochester from the Blaisdell
.choolhouse on the right of the road. Sim.
con s. jenkins was recalled and exhibited
TO the jury plan of the section of Portland
street extending from the bridge and brook
past Nutters woods aud the Morrill, barn to
the Wentworth house. The distance from
the electric light near the bridge to the
house, witness stated in answer
to Edgefly's question, was 224s feet.
Mrs. Sawtell WAS then recalled and iden-
tiled her husbands shoes. DR.. John X.
Ham of Dover described his examination
of the body, Feb. l6.
The State rested hese reserving the priv
ilege to call another witness, Mr.. Rankins,
who is sick. ia case he RECEIVERS before the
trial is finished.
Court at 1910 took a recess until tv o
o'clock.
Chief Justice Doe at one o'clock this
afternoon rejected the petition fled by the
counsel the first day Of trial,
praying that the State be compelled to elect
one count of the indictment on which TO
rely.
The effect of this decision is to allow
the indictment to stand as read and the Jury
may render verdict of guilty on either of
the three counts. The state had called ca
witnesses when its case rested.
Tho Defence.
Every inch Of space in the court room
was filled at .05 this afternoon, when Jo-
seph S. Worcester of the council for the
defense made his opening argument. The
line of defense, hitherto unknown, attract.
ed more attention than has the govern
ments case, which was generally known
before the trial began. Mr.. Worcester's
opening was substantially as follows: No
man is to be considered guilty until proved
gailty. The whole community demands Of
Jurors that this shall be the principle
on which they shall try the accused, and
that they shall act wisely. The tide of en-.
Ii ahte nment which rises higher here than
in other communities requires that every
prisoner shall be tried justly and fairly
The crime of which this prisoner is charged
is laid in three counts The first count
charges him with murder. The second
with being accessory before the fact to a
murder in New Hampshire. Third, that he
inci,ed or procured somebody. to kill his
brother in Maine when not present. Not
an item of evidence has been produced to
show that Isasc SawteIl committed crime in
Maine. We are not obliged to contest that
at sll. We deny that he hss commi ted any
crime in any case but don't propose to try
both questions. whether he 10 guilty in
Maine or New Hampshire. These brothers,
although some troubles occurred about
property, lived in Boston in harmony. vent
about together and bought things for Hiram.
Mrs Sawtell sided with Isaac. She and
her husband we're not in accord. Fol
years their relations we're the bit,erest
For fifteen months be lised at the store.
She spoke of HIM as no wife would
speak of her husband. Medicine
vas given to Marion at Rochester,
but it could not have been given with evil
intent. II is very doubtful If Hiram was
in Rochester and the evidence of seeing
Hiram here is entirely insufficient although
We may admit that he was here. We shall
show by Horne that Isaac sat on the right
of the team and the man who got in wa, or
the left aod Horne stated be never noticed
ANYTHING about the clothes worn by the sec
ond man il it WAS Hiram. Wiley tolt
three or four different stories, frs
not knowing anything, then tha
he saw the horse, then that he heard th'
shots. Arthur Wiley testified formerl,
that he made two trips that day. Mrs
Webber formerly testified that she coult
not see the barn when she heard the shots
Gushing must have been able to see thu
very spot where this tragedy was takini
place when he heard the shots. II WILLIE
saw them at all he must have seen them a
5 30, and by the clashing of his testimon.
with tba. Of the other witnesses sboy
they or be can't have seen them a
that time. At less. four government
witnesses saw the whole place while thu
tragedy vas taking place, and saw neither
the carriage nor horse. Three witDesse
from Maine will show thst at 80, that yer,
hour, the team passed Rsnkin's ho1se. an
another witness will chow they pssse,
through a place beyond Ess; Rochester a
5.1J. Wiley got away at eight o'clocl
and came into the chop and looked at th
books, by which We shall convince yo
that the load Of boards was surveyed OIL a.
hour before 5 80. Tha. very load va
hanlsd on Tuesday. The fading Of tn
body four miles in Maize is strong evidenc
that the murder took place in Maine
There was no motive in committing tn
murder in Rochester. Tney were in bar
nony, no fear between them, and tb
grove in Lebanon is much better sispse'
for such . crime. Men as near as Cust
ing heard no shots. The Willeys mus
have been ten hours on The road to hav
been there at the time when ;ne shots wer
fired, and it is improbable that they shout
take that time. as the plans we shall pro
duce will show.
Mr.. worees.er's opening occupied hal
hnur