Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-09-29
GUILTY
Is the Verdict Rendered in
Train Wrecking Case.
Strong Arguments Were Made by the
Opposing Counsel.
An Attempt Will Be Made 10 Gel New
Trial.

SKowHEGAN, Sept. 28.-(Speci4l. The
trial of Durham and Gregg, for attempted
ttain wrecking. was continued, this morn
my. Mr.. Coicord, station agent at New
port, and Leon X. Rowe identified Dunhan
as the boy who was at East Newport at 9
'clock on the evening of July l3.
TIE testimony of Mr. Blbcock, harness
maker, and John Humphrey, yardman
orroborated the testimony of the respond.
ents on some points.
Defendants here rested their case.
In re6uttal, the State put on witnesses
tending 10 contradict the testimony of the
respondents on several points, principally
as To the time the young man went TO the
hotel at Newport, on the morning after I'll"
attempted train wrecking; also as to
rmbankment at the point where the shoe
racks were discovered.
The testimony was all in at . 40. and, l0
minutes later, MIR. Goodwin addressed the
jury in behalf of the defendants.
Mr.. Goodwin's argument was clear,
strong and convincing. He pleaded, at the
outset, for fair play, and asked for the just
consideration to which the very humblest
person is eoti,led. He then attacked the
strongest points of the States case, the
footprints, the admission of the boy, etc
He argued the improbability of the guilty
parties remaining in the vicinity, to be
arrested and punished. Mr.. Goodwin's
argument evidently made good impre ssion
On the jury.
During the progress of the argument
Dunham's mother was so overcome by her
emotions that she was removed from the
room by direction of the court. Durham
himself, showed considerable feeling. Mr..
Goodwin argued that the evidence estab-
ished, lst, that the respondents were al
East Newport at o'clock on the evening
of the attempted wrecking; I'd, that they
could not have gone into the car at New
port, three miles further on, before 10
o'clock or after; 3D. that according to the
&c stimonv of the States witness, Clara
Augusta Roewelt, as well as the testimony
If the respondents, not one of them could
have gone to sleep before IL o'clock or
tfter; 4th, that in the three-quarters of an
lour following, it was impossible that the
-espondents should walk four and half
niles and put distractions upon the track
It nine different points. Lastly, that all
the probabilities were in favor of the
assumption that the respondents were in the
car all night.
Mr.. Hovey made the closing argument
sor the State. He reviewed the evidence
,slmly and dispas sionstely, showing the
strong proof against the respondent. IL
,rgued that from be position in which the
iigger was placed it must have been in
rended to wreck No. II, the early morning
rain, instead of the Midnight Chimes,
ind that the respondents supposed they had
)lenty of time in which to escape. Mr.
Ioyey argued the force of the evidence OF
he shoe tracks as being more reliable than
uman testimony, and made the telling
,oint that while the respondents claimed to
nave made the tracks the next morning
while coming down the railroad, the shoe
racks were in fact discovers d by Mr.. Tow
,rd and measured before the respondents
ame along that morning. Mr.. Hove>
hourht that the evidence pointed more
,trongly towards Durham, but If one were
.ult, both must be gui ty.
Judge Walton's charge to the jury was so
lear. and lis analysis of the case so cont
ete as to leave no question as to the exsci
,oints which they were to consider, and the
,rooIs upon which the decision hinged. His
.harge only occupied about twenty minutes
nt covered the entire ground completely
The iurv went out at 1925. The jury,
flor beinS ont one hour and half, f,returned
With the verdict of guilty as to both respon-
.ents.
Respondents counsel will file motion for
A new trial.