The Portland daily press., 1890-12-24
ITS WEAKNESS THE ONLY SENSATION.
No Startling Developments In the
Defence Outlined for Sawtelle.
His Lawyers Seem to Rely on Dis
crepancies in the Evidence.
They Begin Their Case by an Attack
en- Government Testimony

DOVER, N. H., December 23.-The efforts
of the prosecution to show that Isaac Saw
telle is the murderer of his brother Hiram
have given place today TO the evidence of
witnesses for the defence. The last of the
governments witnesses were examined this
forenoon.
Jedediah Morrill, was called. and described
the location of the wagon tracks near his
barn on the East Rochester road. They
were about an inch deep, and when he
looked at them day or two after he heard
of the murder they appeared recently made
Hay was hauled there February 10th, and
this was a day or two afterwards. No one
had been there before by his authority since
the previous autumn. When cross. examined
witness said the track was partly in the mud
and partly in the grass.
Chief Justice Does questions brought out
the fact that the hauling Of hay made no track
because the ground was frozen. The track
seen must have been made within short time
William Chamberlain of Lebanon, Maine,
found the pickaxe handle in his lot, a quar-
ter Of mile ward East Rochester from the
Balsdell school house on the right of the
road.
Simeon S. Jenkins was recalled and ex-
hibited to the jury plan of the section Of
Portland street extending from the bridge
and brook past Nutter's woods and the Nor
rill barn to the Wentworth house. The dis
tance from the electric light near the bridge
to the Wentworth house witness stated. in
answer to Mr.. Edgerly's question, was 2.24S
feet.
Mrs. Sawtele was then recalled and iden-
tiled her husbands shCe.
DR.. John r. Ham. of Dover, described his
examination OF the body January 16. One
wound was of such a character as to be nee
essarily fatal within three minutes. There
would be no difficulty in carrying that body
in buggy. The rule would be that bleeding
from such wounds would be very slight at
the time aid none afterwards. The chest cav
ity might contain four quarts. The wound
through the heart might cause two
quarts of blood to appear in the cavity. On
crOss-examnatiOn the witness said Drs. Sui
Ivan and Daniels, officer Shields and the shop
owner were present at the examination. The
body ought to bleed four days after death. A
large blood vessel must have been cut to have
had so much blood in the chest. Considera-
BILE time was spent by Mr.. Edgerly 10 ques-
tiOns about the effect of hemorrhages on
breathing, the amount Of blood raised and
the length of time man could live after
them.
DIR. NJ. B. Sullivan testified to the results
OF the same examination.
DR.. Ham was recalled and testified that he
had his finger and the scapula in the wound
in the back where the bullet came out He
also stated that the hatchet shown yesterday
Wnulu cut OIL bu6 U6du anu dIulS DIS LIley W6T6
severed.
The state rested here, reServing the privi-
lege to call another witness, Mr.. Rankin,
who is sick, In case he RECEIVERS before the
trial is finished
The court at 1910 took a recess until
o'clock.
Every inch of space In the court room was
filled at 2 o'clock this afternoon, when Jos.
HI. Worcester, of the counsel for Sawtelle,
made his opening argument The line of de-
tense, hitherto unBn0wD, attracted more at
tentlon than has The governments case,
which was generally known before the trial
began. Mr. Worcester's opening was sub
stantially as follows:
No man is to be considered guilty until proved
guilty. The whole community demands of The
Jurors that tins shall be the principle ON which
they shah try the accused, and that they shall
act wisely. The tide of enlightenment which
rises higher here than IN other communities IT,
qui,es that every prisoner shall be tried justly
aud fairly. he crime of which this prisoner Is
charged IS laid in three counts. The first count
charges him with murder in New Hamps ire. the
second with heing accessory before the fact to
murder in Jew Hamp hire, the third. that he ln-
Maine when not present. Not an item of evidence
has been produced to show Isaac Sawtelle has
to contest that all. We deny he has immitted
a crime in any case buL don't propose to try
both question /, whether he is guilty in Maine or
New Hampshire. These brothers, although some
trouble oc urred about the property, lived in
Boston in harmony went about together and
Dnu- Mt things, Mrs. S4Wtelle sided with Isaac.
she and her husband were not in accord. For
years their relations were of the bitterest. For
10 months he lived at The store. She spoke of
Medicine was given to Marion at Rochester, but
1t could not have been given with evil intent. IL
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 Tighl Of the team and the man who got in was
on the left and that Horne stated he never notic-
Ell anything about the clothes wora by the second
man, If it was Hiram. Wiley told three or four
different stories, first that he knew nothing then
ha he saw the horse, then that he heard the
shots.
al least four government Witnesses saw the
whole.place where this Iagedy was taking place
and saw neither carriage nor horse. Three wit
eesses from Maine Will show that at $50 che team
passed the Rankin house, another witness will
show they passed III. ough place beyond East
Rochester at 5.l5.
The fudng OF The body four miles in Maine is
stroug evidence that the murder tooA place in
Maine. There was no motive in committing the
murder in Rochester. Men as near as Cushing
hours on the load to have been in New Hampshire
at the time they say the shots were fired and it is
improbable that they should have t,ken that
tiuie as The plans we shall produce will show.
Mr.. Worcester's opening occupied half an
hour.
TO the surprise of every one, the defence
-tated nothing sensational in opening, and
their evidence, as presented. shows re-
markably weak case The witnesses for the
defence this afternoon were examined by
George F. Haley, Esq, of the defendants
counsel. The first witness was Geo, w. Will
loughby, who testified to shreing Arthur
Willey's horse February 9Th Wiley drove
ON wheels and left the shop at aboutS a. m.
Micajah I'll. Wentworth of Rochester, was
employed by Wiley to draw boards from
Varney's In Lebanon, to Wallace's yard,
Rochester. By the record. the witness
showed credit Tor half a days work Februa-
ry 5. They started about o'clock that
morning, that be ng the firss day they used
wheels, and returned not far from two. The
witness then told Arthur it was too late to
go another trip that day. and they did not.
The boards were scattered over the yard
Thursday evening, in the delivery of the
last load.
John Wiley told the witnesses wife the
day after the body was found, that he
thought he saw team coming over the East
Rochester bridge Monday after the murder,
and that others said they heard shnts hut ha