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


we're heard there lasting Fl ON shoat reea
until about four O'Clock vh en- they Ct ,see :
and that the appearances Of ;he camp shsh
waited the ne1s day indicssed that . s-fusgi.
misS, have occurred there foa have neasl
tie evidence ia support Of these eia,ns aas'
win Judge Of the import Of vhas the Stale
has shown In connection with Al the otnss
facts rr0vea- The defence admits me of,
po,.nr'.; on the part of the tsfen iant ana
Silver 70 do the act. hst claims Il there
we're ANY such noses heard there As ~sfs
testified 100, that il raises AZ! inference
that there Vas any contest or Light there, a.
the witness I'D not testify TO any words
used but simply that il vas eorousng' ioso
noise. And ~ to the condition OF the eAmi
Afterwards it il claimed that il vas noih'rs
more than night naturally be expected sise'
its occupancy BY drunken young men
| Another group Of the States evidence re-
ls,es 10 the declarations and sels OF Wake
Geld ard of Silver in Wakedeids
presence, near the time OF bienn
| De iii and subsequently,. Judge Hall then
alluded sothe law in the case IN reference
10 toe ..ush or falsiiy Of the deelxra ions OF
| TIE accused.
IL is commended BY the Site that Wake
| fields acts that Sunday evening after tue
disappearance Of Blenn at Bsoeocks house
| and IN rssarr'ng 10 Gardiner with Bienn $
coat instead Of leav,nyi at Baecocks here
Blenn had been swing were inconsistent
with b;s statement made Oh the stand and
elsewhere thst he did not believe Bienn vas
drowned snd were only consistent with ms
salt as il is commended that il be had had
any expectation that Blenn would return TO
Baheoeks OF Was alive he would have le..
the coat, II il clsimed further that his
decIsra on at Babeocks that Blenn was IN
the bottom Of the pond. and his other lar
guage when inquired of as u where b'vhh
vas, Indicate a guilty knowledge on Wste-
| neld's part as 10 what had become ef fin',
| and are inconsistent with his innocence.
| You have beard the defendants rS"iv 10
this; about hos the coat csue to re '-.rr 81
| 10 his shop in Gardiner, sn rs * ''sna ~
| of how be cSme 10 use tie lang axe lee c'l
rs TO Blann's whereabouts; clsiiuing ttst
| be VAS iatcx!cAred and t1at az Nzs because
| re- did Tot believe Bienn wzs deemed ia
| .le used such expressions. ! iii Your luds-
msnt. gentlemen, these sets s'i - o7essiJns
| Of Wakefield, il Unexplained ff,ss Fr'-
sumption OF guilt. does er dJ's mt 'he *
planAtinn, remove or lessen ta'' fFesuntt-
I ion Appiy to TIN. Is de nee so4s kno~led"e
( derived from common observation OF -
os,.insry e0Isiut AMI MOVES OF uea.
/ the defendant ~as IN vonr opinion under
| Influence of l;quor At that t ne c1u,fer tri
fact as bearing upon the probability of 5
acting and talking Us. uFally or with as MA n
circumspeetion and forethought as he woul !
naturally have done II not nnder its infn-
ence.
! The county attorney contends that Wax
| field msie fal.e statement soon a4.er
death of Bienn as TO seeing him at
camp that Sunday afternoon, and N
| that II he ii state 10 any body soon p
the affsir, that be dii rot see B'cnn at the
csmp or knew he was there that day. tina
il raises presumption of gait, because II
nos appears upon tis oan testimony t''t
he PLAYED cards with him there You Will
| Judge whether or not that's fir rgiTent
rro, .dcd YOU are convin ed that he did IN
| fac, DENY that he saw Blenn there. Lat
The defendant denies that he made any sdci
.tat, nent, and contends that the witnesses,
lanes Blenn aud Mrs. BabcCck and Tur
ner, are n istaken in their Testimony abou
this. James Blenn testified il yen remem-
Der. that Wakefield on Mondty a..ernoon,
At the camp ''at first said, he bad not sea-,
but oaly heard Charles Blenn that Sunday
| bnt afterwards AZ the same interview To
al mt pl4,.ng cards with him. The defei-
| liant contends further that il is n prob
BE Ihat Wakefield 40 stated, because Nor
! rison ties ,fes tat he told him. Monday
| morning, about PLAYING cards with Bienn'
| and ,het II il not req ,onahe TO believe that
| % would, a..er TIA; deny having sen han
| The State saws ibis srhdment docs not ap
ply To Mrs. Bqbcork's statement, because
that was made Oh Sunday ever'nk before
| Wakefield had seen Morrison. TIrse mat
tsrs are for You TO CONSIDER, making All dhr
al ovanee for the probabilities rr otherTise
of Misunderstanding Whist Wake field di:
| really say or of misrecollecting it.
| Now it is admitted by The government I'll At
| # yon believe that Wakefi II was in his be,i
| as he states during that Sunday afternoon,
y0ar verdict must BE- not t1iity. | viii say
| fdither, if you have reasonable doubt
! about that, yonr verdict must b. n Il guilty
! For this il an essential fast, fou have
heard the st ,ternent of the deieDdant on the
stand ~ 20 inst; of When AMI Why h" re-
tired and went to .leep AMI during ~hii
time re rems'nei il bed; OF the amount OF
| liouor he drank and the condition he was in,
| Did he state the trath2 What are the proba-
| bilities. II be slept what was the chsrac-
t of hi. sleep as to soundnesss The gov
eminent say he dill not tell the truth AMI
| has intrA duced a witness, Mrs. Dunn, who
saws she saw him in front of his camp between
| four and half past four that afternoon. You
s-e to jadge of her opportunity
| for dent flying him. You will re-
member her statement and descrip-
lion of the clothes he wore. Defendant
counsel contends that the witness WAS mis-
| taken: that her Identification must necessa-
rily have been uncertain and that the person
.he saw might have been some other. Was
| she cnrroboratad bv her husband who was
| IN the boat with her? Did he see snY one at
| he camp? IL so ia il or not reasonably
possible that some other person than Wake
| field wa, there? The State puts much rel'-
,nca upon tie testimony also of Smith and
| Gilbey the first as to seeing, from the Wharf
| hvilpe the boat near the camp with two men
| standing in it, and one reclining, and Gilbey
a. to seeing three men near the camp, from
the Potter bridge. Their testimony has
| been CONNIE nted on nv the counsel for de-
| fsniant as too unreliable to he of any value
IN proving the guilt of Wakefield; that
| If true the testimony does net con
nee. Wake field with the killing of Blenn
| II a boat, however, was seen in that vicinity
| at the ,.ma in the aft -rnnon testified 20 by
| Smith with Two men standing in it and an
other reclining, it ia for you to consider
/ neither it is consistent With all the other
| fscts proven by the government or not that
| that boat corts ned Wakefield and Silver
and Blenn a. contended by the government
| and whether it ia inconsistent " It'll any es-
| senlial fact proved by the government that
/ that boa. may have contained anybody else.
/ IL is contended BIZ the defence that a. that
~ys reso1t for pleasure or fishing on Sun
DAYS il men we're seen it is reasonably prob
/ able that they were other vi-itors there fsh
| ing and that the fac: that men were seen
| ,loes not raise the presumption. without
| iden' featio1, that they were Wakefield and
/ Silver, and that it is Improbable that Wake
| field and Silver would take that time and
| place to throw Blenn overheard. Gentle
| men, weigh this testimony with care, in
view of the ar Inent. of both counsel As
| to he three men which Gilby testified TO
seeing at sbont half pa.t two near the
Wakefield camp. /. il contended by the State
nat /, is inconsistent With wakefeld's con-
| tension that he va. N bed While the defence
argues that it was easy for the witness to be
mistaken as to the time Of day and that ii
might have bpen earlier in the afternoon
| that he saw them. ard before Wakefield
I re- red.
| A third group of evidence presented by
| the Sta e, is tina. relating 70 the marks upon
he BODY Of Blenn when discovered. The
government places much reliance upon
| these a. exhibiting strong evidences of in
| iu-ies received tu-ing life; claiming that
the other circumstances proven by the State
show that Wakefield is criminslIy respon-
sible for these injuriss and that they were