Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-09-30

thst the condition Of de camp-she broken
eiass. seattesed cards. wood o. de asor,
and the alleged heel marks il he floor
Indicate . struggle.
In behalf OF tie defendant il IL urged
thf IL condition vas exzgsefsssd By srm
OF Ne Witnessed. and that such evidence
should have NO weight with the jury ~
AGAINST his client, because. he eIains, the
camp was nfk visited by friends Of the
prosecution. and that the thinss might have
eeen disturbed or marks made BY them.
And, further. that il IL improbable that
saver and Wakefield, IL guilty, should
nsse isff such evidences Of struggle vhrn
they left the camp. Like all the rest Of the
evidence, this should be subjected TO close
scrutiny.
Both sides have commented upon the
condition Of Silver upon his appearance
from the woods that Sunday afternoon, and
Afterwards when making declarations about
the stair; the defendant claiming that he
should not BE- held too rsidly 10 the naturai
inference 10 be drawn from such acts or
declarations. if made by person in usual
condition, that in fact his being aruak
should be considered in bis favor.
The State contends that he was not 80
drunk ~ he sppe2red--and if be we're in
toxieated, that fact rendered il more Prob
able that he made statements inconsistsaf
Win his nnocence--clAiminx that drunken
man IL more likely TO exhibit his gutls IN
der such circumstances than q sober maa
you'd be, and further. taat he repented the
the statement when sober. II 10 for you,
ntlemen, to give these suggestions .ueh
eight ~ yosr common observation leads
yog to believe them entitled to.
IL 10 proper that | sbonid remind you
shat the fact that the defendant did not
tsufy NUT not be considered by YOU -
evidence Of ms quit. The statute sim,
"eesrfs TO persons Accas a The priviIege
iestifyIrg at fheir orn rsqgest bat they ATe
Hot otherwise ILLNESSES, aud IL Is priv
I'xe which they may waive. Il is expressly
provided by the same statute that the fact
tBst they ID not testify shall rot be eonsll-
cred evidence of 2aiit. Nor should YOU
consider tpe fact that Wakefield, who is
Joined With the defendant in the indictment
and no has plead not guilty, did not appear
as witness, evidence Of the guilt Of Silver
Gentlemen, il is Of the gravest impor-
lance that, whatever may be your viers,
this case shoolj be decided. II decided at
all. 1t must be by jury. know Of TO
T. ason TO expect that any ether jury eouh.
be snppi.ed with more or better assisted b,
the efforts of counsel. The Ease has been
fonaue'ed on hftti SHE'S with gr at indasty
and ability. You arc to confer togethsr
TITS implies that each of you In reeoilee;-
leg and seighing the evidence may be aided
by the memory and Judgment Of his asso-
c des. The Law r,qaires that the jury
shall be unanimous, and it IL their duty to
ssree If they can conseieniiously do 40.
Nos gentlem.n, have concluded ny
duty and with You is left the issue It ls
ot the utmost concern to the dsstinies Of
the prisoner on the one hand and to public
justice on the other that you should fsitt-
fully adhere to your duty. Take this mat
ter to your room consider il with conscisr
tious fidelity TO truth, and then, uninhG-
encsd by fear or favor, return to this court
room and announce your verdict.