Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-09-29
THE SILVER TRIAL.
Arguments Of Mr.. Heselton
and Mr.. Carleton.
Both Appear to Advantage and
Make Strong Pleas.
Judge viii cAasss asd ~ eass @ 10 tAs
jur % Friday.

The sixth day of the Silver trial has
come and gone, and the end has not yet
come.
on Thursday Mr.. Heselton and Mr..
Carleton. for the defence and prosecution
respectively. delivered their closing argu-
msnts before the largest audiences Of the
trial.
On Friday. just week from the time
when the ease was first brought before the
Jury, il will be given them for settlement.
Judge Hall first delivering his charge.
Friday will also see the beginning of the
t,ial of Edgar c. Wakefield on the same
charge. While the jury in the Silver case
will be locked up to deliberate. Jury viii
be impsnelled to try Wakefield. Twenty
Jurors have been subpenssd already TO sp-
pear in the latter case, and more will be
called if needed.
Mr. Heselton is receiving general con-
gratalations for the admirable manner in
which he closed the defence that he has so
ably conducted from the beginning. If, As
Mr.. Carleton hinted, Mr.. Heselton enLesv-
ore d to add 10 his reputation, he most GER
tainly succeeded. Ii is acknow ledged that
no one could have made more Of the case
than did Mr.. Heseltou, which has won him
much praise.
Mr. Carleton male digni.ied snl strong
argument and v hen he was through la
added another to the many laursls he has
xcn during his brilliant service As prose-
cu,ing attorney for the county of ksnnebec.
Mr.. Hesel,on spoke in part as follows
MAY i. plesee the Court. Mr.. Foreman
AMI Gentlemen Of the Jury: The impor-
tance of this csse in its results TO the re
spondent will, know, evoke from you the
most careful consi ieraiion of the evidence
produced here. Although you may have
cases which involve Us severe
punishment as this one, but you must bear
in mind that the accusation oftsking human
life carries with it stigma which lasts for
ever. It's fixed by the verdict of the
welve men before hom the case is tried.
Your experience, gentlemen, confirms the
truth of what | say. And for this reason
know you will approach yonr verdict in
this case with canton and deliberatien, not
allowing theories TO take the place of
5se;s, nor suspicion the place Of proof.
NUT be convinced beyond reason
able doubt. The fact that the grand jury.
hearing but one side Of this case. has rend-
cred an indictment sgainst the respondent,
must not influence YOU. My client is en-
titled to your unbiased Judgment.
He i., as the court will unioubted-
ly inform you, TO be considered
inuoc Mt until he has been proved guilty b'-
You'd \ reasonable doubt. l know that it Is
difficult to svoii knowing about csse OF
this sort beforehand and still more difficult
10 avoid bsing influenced By newspaper
ticles on the subject but you are to endeav-
or conscieutiously to give your verdict un-
influs need by anything save the evidence
which has been presented to you here If
the government has removed all reasonable
doubt of the guilt of this respondent then
you mn.t say guilty but believe that when
you consider the testimony in this case you
will esteem il your privilege and deem it
your duty to r, nder q verdict of not guilty.
No, one of you can shift your per-
oath as a juror must give his verdict ac-
cordiug TO the law and the evidence sub
n,itted to you. If you can conceive OF any
other hypothesis that will explain the c'r-
cumstances of the case, then you have
reasonable doubt.
Now, gentlemen, hat is the charge Of
the government They accuse this re-
spondent of taking a mans life in the heat
OF passion. If their charge ls true, if their
theory is correct. they might just As well
have brought in charge of vilful murder.
The very fact that they have not presented
such an indictment shows the inherent
weakness of the case. Calling your atten-
ton to the fact that the government must
make out its cas- beyond = reasonable
.ioubt, and that until thi, is done my client
is surrounded by 4 presumption of inno-
cence, | will 20 on now and reveiw the
facts as they have been laid before you.
Charles Blenn was last seen approaching
this camp. When his body was found en-
July 26ih. il vas in the Hor-e Shoe pond.
Th.. face vas swollen and there were
brui,es upon it, and the government, upol
the theory that there bad been fghs'
claimed that lie was killed by someone, and
th. =. lected the two parties named in thi.
iar ritment as the parties who performed
that act. Nov Thy must, step By step,
prove, first. that the crime was committed.
ant, -econd, I'll It it was committed BY Sill
yer before you can convict him.
Now. what is the evidence OF crims
The government theory is that they went
to this camp, got drunk. perbaps, bad
Vi dent row, a isht, and in the heat of pas
sion hit Blenn, knocked him down, and then
found that he was dead. Then the respon-
d-nts said, Here i. body. dead, what
hall We do with it," Take it in boat in
hro.d daylight and out into the pond or
stream and dump il in the river! That IL
the governments theory. Dunn was TIE
frat man vt the camp after the accident. He
found di-bes on the table, no glass upon The
Il Der, no wood. only one stick, no appear
ance of row. He saw a broken chair. (Chal'
produced want to call your attention te
tits hal. Was ihis the in.trumen. that did
the deed? Itsown inhe-ent weakness 10 sp-
parent.
They left the camp in ;his condition, and
Jane. Blenn vas there the next day. III
am. H. and hunted for an axe. Nov. did
h.. fni the camp in the condition that h.
,ie.riites il TO he. or did he not, while b,
was hunting for this axe, throw Things
around. and, afterwards taking note OF the
disorderly appearance Of the place. thsr
describe itS We know ho~ the ofhcer'
found it, bat We do not know what causef
this disorderIy appearance. This 10 one o.
the things that the prosecution rely on - Al
evide nee that there was fight in the can1
and that there Blenn was killed. Wh'
male the scrst hes on the hoorg Dh
Wake field and Silver, or did James Blen'
make them in his search for an axe. Win
kno~sI Are you convinced beyond . res
sonabie doubt thst the one Who was desf
made them in defence Of bis life, Wher
is the Instrument that struck him. VIII
heard the bloss Who sar il struck Tn
sover0ment must depend in this case Of
| fIm.y eifcumstantial evidence.
Some one found bloody handkerchie
| in the search of the camp. Where 10 tha
! handkerchief? Where is it excepting il
the testimony. 1t Is part Of the exagsef
alton and prejudice which has been tn
foundation Of the case and has been IL
sunerssructure.
| admit one thing in this case, and ve Ar
Dot tr, ing that here. admit that M
ciiart and Wakefield, and probably Bienn
we're drunk. They we're I'll making moi,
xs Tie camp snd John Spear undouotedt
heard them. But nobody has said thas the
hesri voices crying out ~ ore hit BY bo'
tie, chair or any thing else that would pro
duce desth, vouid cry.