The Portland daily press., 1892-10-29
THE JURY HAVE IT.
Verdict To Be Rendered at 10 A. M.
Today.
1T WAS REACHED BY THE JURY
AT ABOUT SIX O'CLOCK.

Thinks of Experts-Great Popular In
terest in the Trial-Crowds in the
Court Room.
The climax of interest in the case of
Pease VS.. Burrowes was reached yester-
day when the counsel made their argu-
ments and tie Judge delivered the
charge to the jury.
The court room was crowded to its
utmost capacity with an audience notice
able for the large number of prominent
business and professional men. There
were also many ladies present, attracted
by the prospect of hearing the final sum-
ming up of the case which they had fol-
lowed in the newspapers with the great
est interest.
Of the arguments of counsel it may be
said that they were in the best styles OF
modern forensic oratory, and depicted
vividly and forcibly to both jury and au-
dience, the wonderful features of this
most marvellous case.
The scenes within the bar were not
far different from those of the other
days. The defendant was in his usual
place, as cool and collected as ever. Mrs
Pease did not come into the court room
in the forenoon until after Judge Sy
monds had made his argument. She
came in. however, in season to hear Mr..
Rand, her husbands counsel, make his
argument, and was an interested but APP
parently not an agitated listener. Messrs.
Snow and Cook for the defense, and Mr.
Larrabee for the plaintiff, occupied
their usual seats.
Promptly upon the opening of the
court at 10 o'clock, Judge Symonds was
ready to begin his argument.
No larger or more expectant audience
ever awaited the beginning of an argu-
ment in that court room than awaited
Judge Symonds.
Very deliberately he began, saying
that at the outset he wished to say as
one of the amenities of the occasion that
while he should have some structures to
pronounce he should not refer to the
learned counsel on the other side. They
were his professional associates, and he
stood only on an equality with them.
Now, gentlemen of the jury. in this
proceeding, Mr. Edward t. Burrowes,
an old citizen of Portland finds himself
confronted by the charge that he has
sent to Mrs. Pease, married woman, a
vile. sickening, obscene, and beastly let
ter.
Mr.. Burrowes denies the charge,
wholly and absolutely, calls for proof,
and Eputs himself upon the country,
which courtny you are, gentlemen OF the
jury.
Now, gentlemen of the jury, the law
recognizes that there are cases where the
conflict of evidence is such that a reason
able hesitancy may exist as to the facts.
For such cases the law provides that the
burden of proof must be on the party
bringing the charge. If he fails to prove
it his case fails. Here you have the rule
of law. More than that, in every crimi-
nal case all facts and details must be
proved beyond doubt to the satisfaction
of the jury. Now this is not a criminal
case. but it involves a criminal charge,
and therefore to this extent involves the
duty of certainty.
So the burden of the proof is on the
plaintiff to prove against the presump-
ton of innocence, as in criminal case.
Gentlemen of the jury, think of it.
This argument is that Mr.. Burrowes
wrote such letters as that. Isn't there
probability of decency on the part of
business man of the community, with
out claiming any especial virtue for Mr..
Burrowes.
How are they going to argue that he
did it? A certain letter has been put in
here which is to make large part of
their argument utterly disconnected
from this case, is this letter to Mr.. Lor-
ing, which propose4to comment upon
at length later.
Now the argument is that this shows
that Mr.. Burrowes lied. The anony-
nous letter says that Mr.. Burrowes lied
to himself, which submit is very diff
ferent thing. But at present we will as
sumo that that letter is the admission of
lie. 1 do not admit that it is, but for
purposes of argument we will assume
thatit is.
But, gentlemen, is the argument to be
submitted here that because he wrote
the one he wrote the others? Does not
the experience of the. jury denounce the
that there may be one hundred business
men in the city of Portland against
whom, in business transaction, it
would be well for you to be on your
guard. But no man would therefore adj
vance the preposterous argument that
therefore they would be guilty of writ
ing such letters as these, with vileness
oozing out of them on the table and drip
ping from them as you hold them.
Is it to be said that man because he
has been guilty of indirection is also
guilty of the other? say that there is a
wide gulf between them. say that
there is no probability that because the
man did one thing he did the other.
appeal to the judgment, experience and
conscience of the jury if 1 am not
right
Now, gentlemen. it is my experience
that when a man is accused of guilt we
want to know what his motive is.
We are called on to decide this case
upon the evidence here. Now what mo-
tive does there exist for him to write
those letters? He says he did not know
there was Mrs. Pease in existence until
months after those letters were written.
VIII it be said that he had an enmity to