Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1894-03-06

vtc( ul1uer u evmSosS ~" $780,
crlmc than mansIsuxhter.
IL n enough n he shows reasonable
doaht that his sct Was wIlliuI. 10 IL NOT
for tho prisoner to prove his innocsnce
bot for the state to prove hls guilt.
Mr.. Wright closed at four o'clock
With touching allusbon tn 1hotpss
parents ~ and condition In the world, ~
compared with that nj boys who have
parents and home. =,
Mr.. wright's argument vas On able
sni eloquent appeal occupying nearly
tao ands half hours and brought tears
o. many eyes.
niE STATES ARsuxEsr.
After recess of ten minutes Atfor-
uey General Powers opened his sfHu-
mspt for the state. We take the follow
ing brief digest from our notebook;
II IL q duty which all good sitissns
owc to the state Ca assist In tbe admins
trstion of justice. Pity. gentlemen,
cannot decide cases. Truth stands
above ell that.
How naturally the human heart goes
out 10 thls lad accused before us, and
vet the fact that this IL government OF
Il
truth. You have nothing 10 do With
the punishment that belongs to another
branch Of this tribunal. sympathy sud
pity cannot decide eases. The ststs
does not seek the panl.hment 10 limo
cent men. hut rather the punishmeai of
the guilty for the protection OF the limo
cent.
You have before you this boy, hut you
have not before you the widow nor the
mother of Harry whitman 20 excite
your sympathy.
Itls your high and intelligent duty To
ascertain the facts aud declare them 30
You have found them. The state throws
armand thls respondent the presump'ion
of Innocence. Tir stats throws around
him the protection of Ia Laws. The state
pays this respondents counsel and hi.
witnesses aud the state furnishes him all
that Ia necessary for him Ia have q fair
aud en- impartial trial before q Jury OF
his countrymen. PROM the beginning
down to the time the book ID closed,
this man !. under the protection OF tile
Law.
Task you. gentlemen, ne reasonable
men, sworn Ia do your duty, when you
Law aside CD. statements aud insinuations
Of counsel, what IL there In this defence'
The first question In TIL. case, a.
understand IL. is-who vas the man that
~as In Hutchinson A Newell. store on
the morning 90 the 18th % No,einberf
N IL vas not the prisoner at IN. bar,
then u seems to me his learned counsel
have wasted their energy la arguing "
they have.
A fact can never lie, A fact its
every other fact aud I've jo.tle. every
fact. 4 fact outweighs witnessed
At thi. point the Attorney General
allude,i To the hat Identified by Mr..
Newell q. one he .old to Capt. Ripley
for Abnsr Thorne, and which "a. pick
ell up at the plac. of the tragedy, AZ e.
tablI.hlng the presumption that Abuer
Thorne WAS there, aud continued
We flnd In Abner Thorne's possession
wax impression of the key to iIutchin-
.on a Newell's store. We hnd In Abnsr
Thorn.'. possession q quantity % goods
which ~err stolen from Hutchinson a
N.s.ils store. We hnd IN AbDer
Thorne'. possession q written paper
contsIning the combination to the safe
In Hutchinson A Newell. store. VI.
ind Ia Abner Thorne's possession keys
tD lu ~ HE'W'f
store. Do these thing. throw any light
upon Who the party was who Wa. In
Hutchinson a Newells store on the
morning % Nov. lsthf
We hay. the statement 20 the prisoner
at the bar In response Ia MI. Newell
when be said Ia him: chandler says
you fired twice" mo, ] didn't l
didn't fire hut once" Doe. that throw
any light upon this Investigations I
think YOU must b. satisfied beyond all
question or doubt that the prisoner al
the bar va. the man who ~as found la
the stor. on the morning % Nov. 18th.
The counsel argues what Mr.. Garland
did, and what Mr.. Garland ought Ia
have done. I say Ia you that Mr..
Garland .. not on trial In TIL. case. This
I. not q county convention assembled Ia
determine Who shall be the next sheriff
OF oxford County, The question u. not
what ought Ia have been done, but
rather what 'eas done, aud that IL all
that you can properly consider In TIL.
case.
} You have the uncontradlcted evidence
Of foar witnesses that the bullet mark
on the ceiling of tb. plaza Ia. been
there for q period ~ slx mouths to
year or more pre,iou. To this event.
You have the uncoDirsdictei testi-
mony % three witnesses that Mr.. Gar
lands - calibrc revolver Was st his
house at the time of the shooting %
Harry whitman.
There, gentlemen, Il the ballet taken
from the body 81 Harrison whitman.
lie Il not present to testify. IIl. lips
are closed In death. but this fatal mes
.enger of death come. here to-day Ia
testify. The course 81 this ball wss
downward. was II not. AZ testified BY
the physicians, Mr.. Bonney tell. You
that the only way of frings - cslibr.
cartridge from ., callbre revolver
would be Ia point the revolver upward
and u.e great care. Fact fits fact. Til.
IL . fact that fits q. closely q. the me.-
.enger % death fts its she'll
More than that, I cannot conceive.
gentlemen, that Mr.. Garland, who had
TIL. - caiibre revolver, could have fired
these shots from his y calibre Into the
store and get out his - csllbr revolver
aud shoot whitman and then 20 on and
fir. III. other two shot. from hi. ,,
calibre revolver down the street. That
theory doesn't commend itself 10 good
Judgment, nor does the theory that an
officer would 20 hunting burglars With
= callbre revolver loaded with -
cslibre bullets.
Whoever Was In that store WAS en-
gagged In the commission Of felony.
Mr. Garland had M warrant. Mr..
Garland needed no warrant. The la~
doe. not require you, when you di.cov-
Or q burglar In your house, To 90 aud get
warrant before you max. an effort %
capture him. These men were there In
the exercise of right which every eth
yen has, to apprehend . criminal In the
commission Of . crime.
The Law IL ne reasonable n IL IL
lust. You are to take the circumstances
a. they are presented aud bring Ca bear
upon them your common sense and
good Judgment.
Mr.. Newell Gays that this man when |
he came out of the door had the free use |
Of his arms aud that tha nriny com
menced. and says the Hash Of the fr-t |
shots .dsshcd right mp In my face"
lie thinks the fash Of the first shots liz
up more than the others. lie thinks he
could distinguish q difference between
the first shots and the others.
Who IL there that knows 90 well ne
Abner ID. rhorne whether he fired his
revoivers And what IL hls testimony on
this points lie ssld to Mr.. Newell at
the fall. ~ fired but oncc!" That
declaration of hls. made against his own
lnterrst, IL the beet possible evidence