Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-10-12

has rendered the oil more
effective, easy Of digestion
and pleasant to the taste.
Prsp.rsd b. scess Bs.ns. n Andraxsisss
Nov, gentlemen, | will not exrec. 70
equal tie eloquence of my learned friend
vho has addressed you for six hours and
who has sgsin and again told you that the
governments case 10 20 weak and 80 urten-
able, but the question must hSTe arisen IN
YOUR mind, ~ IN mine, why, II tits De SO,
should i, have taken him six hours TO
prove il.
Mr.. Carleton said IN his seven years ez-
perience as county attorney that he had
never once seen case where, if the oppos-
ing counsel's argument was alone to &c
taken, that re culprir would not go free.
II is evidence and not long drawn out AZ
gaments that decide eases.
Mr.. Carleton then mos, impressiyely
spoke of the fact that he presumed and hal
no doubt that the jury would be governed by
their oath TO give an impartial judgment
accordingly had come to no conclusion.
Mr. Carleton then made u vigorous at
tack upon the newspapers, which was hardly
called for under the circumstances, as be
has been treated with uniform and extra.
ordinary courtesy By all the papers which
have followed the case.
do not want TO find fault with the
learned counsel for using 10 his argument
Illustrations which have invariably used
in eases where cireumstanrial evidence was
involved nor that he has modelled his AZ
guments on mine at the Silver trial. Oh
lection notvd By the defence, | will not
introduce pictures or read from newspaper
clippings but will only ask you to depend
scleiy upon the eyifene. as \ basis for your
verdict.
Mr.. Carleton then touched upon the fac'
that he had no enuiity or feeling toward the
defenIan HIS one motive is 10 get at the
facts.
Mr. Carleton spoke Of the fact the that
jury is the country, the people, sitting in
judgment on this case.
Why you have seen one of the grandesi
triumphs Of the government by the people
If you have thought of it for you have seen
Van Bienn, James Blenn, Ryan Blenn, Sit
ting side by lie, waiting peaceably for You
to determine what Brother Spear Says they
honestly believe, that this man IS the slayer
of their brother.
Mr.. Carleton then made an eloquent de-
Tense Of Van Blcun and his brothers.
Believing that this man had killed their
brother, bu. in II 5 case they have peace
ably waited for the law to take care OF
their grievances and to punish the offender
with a due regard TO mercy.
Let jurir- acquit through msu1lin senti-
ment and that the eloquence of learned
counsel viii make the testimony Of honest
men and women and get OF the guilty, and
how long will it be that brothers would
wait ms have these fnr the -ioH machinery
OF the law to bring the mankiller to jus
lice. *-@.
You would he less than men, If, contrary
to your conscience, you gave verdict un-
der the irfaence of counsel contrary to
what had appeared.
Mr.. Carleton then took up his analysis
Of the case anil said he had tried to con
luct tho trial as be had thought county
attorney should try the case. After be bad
presented the case to the jury his respon-
sibih:y ended, for at this time lie had no
laurels to win:
Mr. CsrI4toa gave an eloquent desctip-
ten Of the symbolic justice blindfolded
and impartial.
Counsel had seen fit aud / nm not dis
posed TO stign4tize clrcumstantial evidence
and TO use arguments have long used. |
dislike 10 see people in insppropr ate cos
tune, can not sit here IN silence and
see the wrong garb put on two we'll known
illustrations. s
Mr. Carleton brought out the incilent of
footprints in the snow as a strong argument
for the value of cireumstantial evidence,
and quoted the ssying. circumstances
won't lie. though people may
Mr.. Carleton also in turn used that other
well known argument for circums tsntisl
evidence, the footprint episode in the his
tory of Robinson Crusoe.
Counsel has compsined that We have not
produced eye witnesses as to what we claim
took place there that twenty-third day of
july. Men do not take eye witnesses when
they commit crime.
If 10 your absence your house was burned
or broken into in the night while You are
here. circumstances would be ali that you
could bring forward.
We all admit that Charles Blenn is dead
despite the expert testimony of DR.. Gerrish
Also that he was alive, well, clean shaven
when he went to that camp.
Mr. Carleton used the episode OF Blenn's
gathering lilies which proved 30 effective in
the Silver trial, speaking of hor little q
thing may effect our mind.
That i. now admitted (that he went there)
although Mt ore time - AXE field did cent
having seen Charles hlenn there. For in
spite VI the iabors Of the learned counsel
that fact can not he di-provei.
He went there alone. and it is admitted
that it was not later than half-past IL when
he got there. There was 10 ore eise there
or around there except Wake field and Sill
yer, and the camp was in order.
Charles Blern never returned alive. His
battered, nlualated, dead body WAS fonn
upon the shores OF Horseshoe pond AM
it Is proved that the mutilation occurred
before death: an awful fact, a terrible fact.
pregnant fact.
Mr.. Carleton then described the eondi-
ton Of Blenn's head.
Spear brings up this man Gerrish from
Portland To prove that there were no clots.
and then in ;hs psxs breath says there were
clots caused BY ftlii0g in a boat
Mr.. Carleton then paii sarcastic COM
pliment to DIS. fiarrish, Martin and
Briekett.
NJ. Carleton AMI 5Ir Spear then bad
slight passage alarms, Mr. Carleton en-
deavoring 70 sso~ that Mr.. Spear had
Acknowledged the existence % The elots.
Thee Mr.. Carlton ssri 1t sAs simitte,.
that the injuries we're there. and II has net
been shown that BInn Hal ret received
them by striking h.s head against tree
He also took IA the subj ct Of reasonabl
doubt and then went on 10 the tact that sas-
picions had been aroused and al inquest
vas he'll TO determine the cause OF hi.
death.
New, let Us see shat the hghs OF lezie
will do on the drstAriaM fiou-ishes OF TIE
learned counsel. TIE defence hiss set 10
m alihi. He has sal wssa't there. II