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

Wines WAS SHOWN tn frvOivef us0
by tssrlsnd tho night of the shooting,
and pronounced q . ~ callbre, smith a
wssson. also named GarIand.r other 10
yolvsr a. a3t callbre.
witness vas shown the bullets, and
stated that the one taken from the body
vas -, and those taken from the store
n, smith a wesson cartridges.
Witness vas shown several other
cartridges and named the Kind.
Cross-examInesi: A smith a wesson
ceusrp.ars cartridge Will nt nearly any
a revolver. - revolvers vary slightiy
In caIIbre-aboat ooe hundfrdth.
There IL no difference In the Shape OF
. bullet for ccntrchv or hm-nrr cart
ridge.
.The average pull on doable-setion
revolver N about 10 pounds.
Described the process of testing the
pull of q revolver.
Mr.. Honey stated that - cartridge
could BE- nred In ~ revolver, but on
redirect stated that u could be done
only by exerrlslng great care and hold.
Ing the musfle Of thu revolver pointing
upward, and then Only occasionally.
Mr.. Atwood was RECALLED, and being
shown . letter containing an order Tor
dark lantern, Identified the handwriting
40 that of Thorne.
The stats restsd at this point.
rIig pESENcE.
Thursdsy morning, after q little pre-
lIminary work of no special Importance,
Mr.. Bisber opened for the defence.
Mr.. Bisbee reviewed the Incidents OF
the morning of Nov. 18th, aud cisimel
that under the circumstances therr ~as
not only doubt, but very grave uncer-
tainty as Ia what took place on that oc-
caslon, or who fired the fatal shot.
Mr.. Bistee stated that there Was no
doubt that the boy had stolen most of
the property proinced In court but this
Was In evidence Only ne connecting him
Nth the person In the store on the
morning of Nov. 18th.
We shall show the unquestIoned good
reputation Of the boy previous to this
affair.
There i.a possibility whitman might
have been shot by some one standing
just where Garland stood.
uI>Ri o.. HAMMOND
of Paris testified that he lived In this
school district aud had been crier at
this court for about twenty-five years.
Had known tbner Thorne for some
years. Witness vas asked what he
knew about Thorne's general conduct
aud reputation previou, 10 this sn.h.
| (Ohjeytious To the form of the ques-
tion. Question changed.) ] think his
rvputation Was good; ] never heard u
questioned.
A. y. FORBES testified; Have bceu q
teacher In the sabbath school % the
Uniyerssii.t Church. Aboer u. Thorne
wss = scholar la my class for time.
Ilis general reputation prior TO this Of
fence VAS good.
On cro..-exsminstlon witness stated
that be had heard the respondents char
act~r called In question-perhsps three
weeks before Nov. II.
JOHN y. STANLEY,
register % deeds, testified! Was q
member % the coroner's Jury. Heard
the testimony of Chandler Garl,nd. lie
.sid ct the Inquest that be fired two
shots AZ the door. On being recalled,
repeated the statement. Have known
Abnsr u. Thorpe several years. know
what III. general reputation was prior
Ia th. 18th 10 November. u VAS good.
Cro..-.xamln~d; Quilt. . number %
witne.se. before the Inquest. Can not
give the precise words used.
ALBEIT :. AustiS,
clerk % courts. testified Ia TborDe's
good general reputation prior 10 the lsth
81 November.
ron rim prrr>CL.
AZ 1910 Thursday Hon. James \.
wright commenced bl. argument To the
Jury. lie called attention Ia the fact
that an Indictment by Oh. grand Jury IL
no evidence % the guilt NJ = respondent.
E,ery person coming before q court Tor
trial IL presumed Ia bc Innocent. This
respondent CONES before you With the
presumption of Innocence aud u u ln-
cumbent upon the stat. Ia rcmos. that
presumption.
Mr. Wright called the attention of the
Jury Ia the privilege that the law pro-
yides q respondent of giving testimony
OF not In his own behalf. and that the
failure 10 . respondent 10 90 upon the
witness stand shall not BE- taken AZ EVIL
depce 81 guiit.
The unfortunate circumstances sur
rounding the birth % Abnsr u. Thorne
wer. eloquently alluded to.
Mr.. Wright stated That the defenc-
did not pretend to contro,ert the fact
that Thorpe had gotten Into q bad Nay
aud Was guilty of larceny, but confined
hls Argument "a the charge 81 murder
under which the respondent va. before
this Jury.
The state must satisfy the jury that
Harry whitman Was killed by an act in-
yol,ing malice afofcthought and must
show you beyond q reasonable doubt
that be came Ia his death by shot hred
deliberately by Abner ID. Tborne 10 hold
this respondent for murder.
reference Was made Ia the unfortu-
nate occurrence of the death % Harry
whitman. the speaker pay Ing Q glowing
tribute 10 the character aud qualities of
the dec~ssed aud reviewing Oh. clrcum-
stances which led up Ia this case.
| lie claimed that u Was the duty of the
officer 10 take command st the time the
store was entered by Mr.. Newell to as
certain II q burglar VAS there and not
the duty % Mr.. Newell Who Was
private citizen, aud the owner Of the
store.
That the act of Thorpe In making o
dive for the door Instead % shooting Mr..
Newell shows that be went there With
no intent Ca ibjurc an, body. That u
WAS the duty Of the officer 10 have taken
command aud gone Into the store or at
least To have accompanied Mr.. Newell
Into the store. That the hash of the re-
yol,er which Mr.. Newell saw when the
shooting commenced might have been
six or eight feet away AZ reasonably as
that Il might have been nearer To MT.
Newell. The difference would not be
detected 10 . dark night. That Mr..
Newell did not hear or know Of the man
he grappled With hring = shot.
Where does the evidence show that
the shots came from IL there anything
10 the testimony Of \. y. Newell that In
dicates that the man be grsppled Was
deliberately firing . revolver In his face
n that man fired Mr.. Newell ought to
have known it and would have known
it! Newell testified that the firing ro,n-
menced before be aud the man With
whom he wss grappled had gone Oh the
plasyz.
The court adjourned at thl, point for
the noon recess.
Thursday afternoon the court room
MAS packed with spectators at an early
hour.
Al a.so Mr.. Wright resumed his arsa-
mcnt
lie claimed the location of Harrison