Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-09-29

Il 4CCVUutGQ loI tRS 0tU11CU xV000 w 8tS0o
head we're delivered before his death. and
| that the man Vas unconscious before h
went into the water, but he sdnitted or
cross-examination that he might not havt
been unconscious before he fell In thu
| water.
DR.. Crooker says this man might o.
might not have been unconscious before h
vent into the water. The government
must rest its case on tvo thinss: The ID
missions Of Silver or the testimony Of Dr
Giddings. Either Of those gives you Z
chance to say that Silver 10 guilty. 1t Il
admitted that these bruises might have beer
made Immediately after death.
Here the learned counsel reads from
Taylor's Medical Jurisprudence. pass
a45-6.
Mr.. Heselton then proceeded TO review
the testimony Of the different witnessss and
pointed out the manner In which many oi
them had varied considerably from ths
evidence given by them at the coronef's
inquest. Referring to Fred Babcock be
SAID
Fred Babeock 10 pcfjurer and liar
and wicked har when he will come into
this court room and give testimony that will
send this boy to the State prison. Does he
have any motive in this! God knows, and
Fred Babcock. A man 70 lie must have q
motive. know this, that Van Rlenn was
at Bshcoeks at dinner; this mysterious
stranger who has worked up this case for
the government Was there and took dinner
Mr.. Beane Was there and took dinner.
Fred Babcock has lied. and you know II;
he has committed perjury, and you know
- IL s..xe hat
Counsel for respondent then went on to
criticise Mrs. Bsbcock for giving more tes-
timony at this trial than she did at the cor
oner's inquest. when the thing was fresher
in mind. He said Ryan Bleun was the only
one who appeared to be willing 10 tell the
truth in this respect, because he did admit
that he could not distinguish between thinss
that he knew at the time Of the inquest and
things that he knew no~. lie very ably
analyxe all the testimony in detail, AMI In
relation 10 the location Of the camp said:
If there were mems voices around the
bend, and men there. was there an exclu-
sive opportunity for Wakefield and Silver
to commit this crime and get rid of the
body? The story is most improbable !
From Spears corner you can look right
down on this camp. At the bridge you can
look right down at II. This stream 10 .
thoroughfare. People coup and down that
stream and that road, and that place Was
the very focus of all their eyes. Horseshoe
pond is the place where the government say
they took this body and dumped 1t in broad
daylight. Do you believe II? Wouldn't
they have let it rest till dark? The thing
seems absurd on the face of it.
Then, again, il these men were murder
ers, why iid they go out to dump this body
in Blenn's boat? Their own boat WAS
larger and more commodious, and yet they
took Bienn's little boat!
Gentlemen. I have consumed more Of
your time than had intended, but the case
is of deep interest to my client. Let me re-
mind you again that we are surrounded by
the presumption of innocence, and although
my client has been arrested for and charged
with this crime, he still has this presump-
ton of innocence about him, which must
not be taken away until he has been proved
guilty beyond reasonable doubt. Gentle
men, l thank you for your kind attention,
aud trust that you will, as l sm sure you
will, give this case your most careful and
earnest attention.
Mr.. Carleton addressed the jury, and
said In part IS follows: This indictment
was made under section s. chapter lis of
the Revised Statutes, defining msnslaugh-
ter and the penalty therefore.
The Indictment says that Edgar G. Wake
felt and George +. Silver felonously as
sanlted Charles 4. Blenn, causing his death
unllw fully, and they have been indicted by
the grand jury after careful consideration
for the crime of manslaughter. Under the
statute there may be an inHnite number of
WAYS of committing msnslaushter. s. ~
L: is not the claim Of the government
here. despite the respondents COUNSEL q
statement, that the crime WAS the result of
deliberation.
The uiai has proceeded with great care
and caution. Mr.. Carleton complin,snted
the jury for its attention and impressed
upon them the responsibility they were IN
der, reminding the members of the impor
tant duties vested in them by the people fof
their protection and to declare what 10 the
truth. Ttey we're 10 settle the question
for good.
The government has no detirc to do the
respondent any injustice, but 10 not indif-
f-reu. to the truth as to what took place ia
that camp between and 4.30 O'Clock, or
Sunday, July %.
| do not speak for reputation. My rec
ord as n prosecuting officer and lawyer
after 20 years active practice IL known ant
| cs mot now add to it. solely appear si
the peoples attorney.
| never knew the respondent previous I,
the trial and so have no personal ferlin;
| in the matter. regret that the oppOsiDi
attorney had been pleased to attack th'
governments case and witnesses in the va,
| he had, aecusing us Of endeavoripg by ex
sgge eratioa to secure the conviction OF nj
! Innocent man. No, not an innocent man
| for the counsel did not say an innocen
man through all his argument. wish u
make the assertion that when the distin
gui.hed attorney for for the other eide be
comes county attorney, II he conducts cas-.
~ he has indicated, there ~ill be no con
victions unless the persons on trial plea
guilty and beg for sentence.
T Mr.. Carleton then p.ii Mr.. Beane. hi
associate, a high but not upmeiited compli
Dent.
Defence generally receives the aid o
counsel While the government. A. q rule
| is left alone, bnt in this trial 1t had bee
exceedingly sided by Mf. keaue, an
| Mr.. Carleton wishes to e on record, a
hight, obliged To him. ard the people o
III. county owe him great depth Of graf
tude.
Mr.. Carleton went on to say that II seem
10 i'm that the defence has merely been
~.ii. cry Jog in the wilderness. . beatia
lot the bust. endeavoripg tn prepare fd
wha, will follow. Never had before see
counsel not directly Involved In . case die
tsting. apparently, every move Of counsel.
The trial /, more than test between cor
fsc:ing counsel want no one convicte
through my own skill nor acquitted throue
my lack Of IL. depend solely on the con
mon sense Of the jury and the strength q
the case.
Counsel on the other side has sfigm'
tiz-i IN wavs best kno-n to himself, IN
gyvernment case and Witnesses. In opei
INA he ssid that ~e hsd only circumstanti'
~. .e.ence and thst most uns nsstisfacto-,
Il - true that no one Of the government
witaesses wxs looking on tbas Sunday.
is true that we depend upon circumstsnti'
evidence but Usually circumstsntiI
evidence is very strong.
Mr. Carleton then gave ilIpstsssions
circum.ian'ial evidence. Among othei
thss OF Robinson crusoe's fading the foo
: prints and knowing that some one had bee
on the island although he saw no one.
After these tell me not that cifcumstsl
siai evidence il the most nnrelisble !
un un.asi.fscsory kind. Fscts snd circun
stances will not lie. Cnfostunstely Pc
sons may. What /. the unbsoksn chain
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