Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-10-13

4. IA th,s there i no dispute. These Poy-
.;.;,rs sessi1ed TO other facts in feiasion 70
-. n.ar M save opinions that indtc Assd
~, Rlsnn VS. drowned. Here there naSe
been differences Of opinion sronS .ns y.
!. <ians tes;.fyiug- The state soes -,
necessarily antagorize the oplo',n III
Bisnn's body showed indieations u.u.
3 e,eus in dros ned persona, because II 90
rot deny absolutely that Blenn may nA
been disabled, unconscious AND Eos N.Y.
dead when he went into the wAef
defense answers this posi' on oy ss.'s /,
i too improbable for reasonable penei, 10 ~
tia, If he Was MT dead when f""s- 'su' -
vas drowned see'ieasaiiy-
I, becomes important therefore IN Any
view TO consider ca efally tie evidences "a
fv-ea ia support OF the claim OF the aeAs ~;
t5at Rienn was probably c-esned sesi
dant,lly. You heve heard much e'i,enes
at, ne .i.... of drowning from All 'n''
/ doctors VINO nrofessed 10 have any Know
ai,s sbons II. ami you viii remember VIA,
decor. $ foat and Sswyer ss'i they oeaa
!, Elep,s case, after c had len - w.
~a,er ssous sisty ours se sod ~
WINGED ttas tl,efe were s'es loss o.
ing tn, ouli %. We eSisisd y "'us
had been throw ! ;pso water .et uea',
If 80, voa n,es. coacia.'e e was GO aeu'
ANIL = 's,bled ard rendered uhcou-
s,ioys - ore beng deownelf In e.hs'
xo-as does e e1 ,eace, taken sH together
ie.l l..lng g sppeag.'nce OF oosis' ~"
x;,ea Won bsyor,i reasonable DOUBT 'ea'
Blenn wss SO irjnred by Wakefield or WIN
sis co-opers ,an, that he died ether our %
the water or beneath it, if put n with inc
lucent on III 1t be should drown: Ii You are
TINS convinced then t1e State CONTENDS ti,a'
Dis g ,aneies smong the experts as 10 'he
marks of tiro~ alag become OF no I'M
nal. ,uce. But the defence contends tha' tae
mar,.s of dro were such as 10 RAISE
a reasonable presumption thst bienh was
browne, in full l'te and was NOT uisaoi.u
n,hsrxise than by intoIication or by si'eh'
,,isrias received in the boat and claims
that the .,sus of iniury the ,oa'asiohs as
derrihei bv DIR. Gltdings who exsmlsef
them at the .e, ord autopsy some eight DAYS
after death were greatly exaggerated anu
ia, the Commissions wee in fact but shght.
shah not s,.s mpt to anal.ze the e'ea'
Of the emlpent physicians
who have test ie1 upon ore side ana 'he
o.hrr As 10 the e34ent of these contusiohs,
the possibility Of eaufounding large blood
eliot with NE temporal muscle si"A
the prohlhle effect of the injuries ois
,ov, red. They have been fully commentea
u l9n by both counsel aud II Is for YOU !"
4eteru,ne ir.m your besi judgment snl
900! sense " hat ght yen have gained II
any. as 10 the cause OF Blenns death from
III. mass If expert testimony. Ii you ar
atle L, settle in yonr mi III the cause OF II --
\. Il, tler by . owning OF by yioience--you
AR then 10 determine whether or not Wake
6ald hal AZ unlawful sgency in 1t.
GenGlemeu. it is of the gravest importance
both 10 the defendant and TO the commun-
IS, that. whatever may b. your views tli'
~ should be de, lied. II decided at all,
y. u,nsl lac by jury. know of no reason
"a ex ,ect III I any other jury could be sup
Hell wnh mo e or be better assisted by tie
efat.s of courscl The case ha, been con-
luctsd on both SIDES with great industr'
rni ahir.y. You are TO confer together
This imf Ties that each of you in recollect-
ing r II weighing the evidence may BE- aided
l.y the memory and Judgment of his asso-
i.,es. TIE law requires that the jury shall
he unanimous, snl il is TIL ir dut, TO agree
il they can eonscieliiously do so.
Nov gentlemen, | have concluded my
duty ami With YOU is lift the issue. 1t is Of
the utmost concern TO The dcstnies OF III.
prisoaer on the one hand aud to public JUS
ice on the other that you should faithfully
adhere to your duty. Take this matter TO
your room, consi Ter it with conscientious
fidelity to truth, and then, uninilaenced by
fear or favor. return and announce your
verdict.
Following the charge ct the judge tire
case was given Z e jury with the result a.
ready related. Court adjourned al 5
o'clock. having fxe Wakeieid's bail, until
9 80 o'clock, Friday morning, when the
panel will probably be excused, The trial
of cer.ain parties for the illegal killing of
trout will then be taken up.