The Portland daily press., 1895-01-31

closely related. Now Mr.. Lewis went to
that house just little before Coleman
did. The State has got to draw Its evil
dence all back within the half hour from
q to q. 80 to convict this respondent. Can
the State so juggle the evidence OF the
Lowells as to do that? We say no, and
we say further that right on the EVIL
dence of the State the State has
PROVED AN ABSOLUTE ALIBI
for the respondent. The evidence is all
full of the fact that it was the intention
of this respondent and Graffam and
Tallman Lowell to go to sea very soon.
In the Lowell sitting room the schemes
of the shipping projects were talked
over, and it was discussed fully as to
whether it was best to go on this vessel
and it went SO far that they discussed
the question of wages and read the paper
in regard to it. And if you consider
lust the su ubjects discussed and the way
they discussed them, You must agree that
this respondent was there at least an
hours time. 1t appears that be appeared
as usual, and after reading as long as
he could because the lamp "diinmed
DOWN he then said tnat ned go nome
to go to bed.
Take all of those circumstances and
ask if it is possible that they were ar
ranged by this respondent or could be
arranged. II the lamp hadn't "dimmed "
DOWN he might have stayed longer, as
it was his custom to do.
Mr.. Seiders then read the testimony OF
A bner Lowell as to the time that Lewis
was in the sitting room. He might
have been there a half hour or an hour.
Tallman Lowell said that he might have
been in the sitting room about 45 min
utes When Lewis went out it Is worthy
of notice that he left the door open and
met GRAHAM right at the door. 1t is u
very material matter and will address
itself to your intelligence. The respond
ent says that he was there III the neigh
borhood of an hour. Also Mr.. Arthur
premises at after 6.45, and nothing had
occurred there to indicate that the mur-
der had been discovered.
The States witness say that it was
from 5 to 10 minutes that they talk ed
at the door. That must be added to the
time that Lewis was in the sitting room.
The minimum is anywhere from 80 TO 80
minutes; the maximum IS from oo 70 ~
minutes. GRAHAM says that they talked
10 minutes, He ought to know. Can
the State on their own testimony say
that that murder was committed at
about seven O'Clock. We claim that they
have not proved that this respondent
had any opportunity to commit this
deed. We shall claim later that another
person, who has been on this stand
HAD AMPLE TIME TO DO 1T
and it comes from his own tstimouy.
Another thing, the government claims
is that after Lewis left the Lowell house
he had ample time to do it. Now it
Mrs. Kim balls story be true, what is the
situation? Lewis went to the Coburn
house, he went to the water closet. then
TO the kitchen, and there was briet
conversation. Then Lewis went out and
looked about the barn and concluded
that the man could not be in there, all
of which I have no doubt has been ex-
perienced by every farmer on this jury. 1t
was natural in every way. that seeing no
light and the door locked ne should
think that he was not in there. Then he
goes in aud tells his experience to Mrs.
Kim ball, and they talk little time
bout where Coburn could be and about
Lewis's shirt, and are evidently waiting
for Coburn's return. Then Lewis says
that Mrs. Kim ballSbecame l1ttl e con-
cerned. That was the correct way to put
it. Then she asked him to go out again.
He finds the lantern right inside the
door He returned with the lantern, and
Mrs. Kim ball snatched it from him and
told him to remain in the house and
she'd 90 out herself. He persists in 60
ing with her, and they find the dead
body and have the talk about it, and he
was sent to Lowell's for help. Now how
long would it take to do ali that?
Coleman says Lewis was away from
the Lowell house 90 minutes. a bner
Lowell says about IA minutes. Iallman
says 10 or IA minutes. There is the tes-
timouy of three mon as to the time that
Lewis was away. And yet the State
claims that he had ample time TO com
nit that-deed and do all that Was done.
He had to kill Mr.. Coburn, get ready
to do it, put every thing in shape after
wards, get out around the house some
way and get over to Lowell's. Now what
is the possibility of a mans doing all
that in from IA to 20 minutes.
In regard to this time the two Lowell
girls differ frem the men and give more
time. We claim that the Judgment OF
those three men, who are accustomed to
Judge time-that their testimony is near
er correct than that of the two girls.
Now just apply this time, gentlemen, to
the amount that was done in it and see
| if you think this respondent could have
accomplished all those things in that
tine.
Now I wish to present some facts as to
the situation at the barn. Now what
was found as testified to by various wit
nesses? Coburn's body was up in that
stall, and you must know about how 1t
lay. The legs wer. extended out from
the wall little diagonally. Now what
occurred? Did not this occur? Who
ever committed the deed struck the first
blow when Coburn came in the door,
and he was felled to the floor, and the
hat fell probably where it was found.
There was little or no blood on the hat.
But how does it happen that the body
was in that stall? He was never stretched
there by the first blow,
HEWAS PLACED THERE AFTER
WARDS.
Was he not seized after being telled by
the first blow? Why? The doors were
open and he was dragged out of range
of them into the COW stall. There he was
struck the remaining five blows.
Now what kind of man was il that
could seize that body, weighing nearly
200 pounds and draw it into that stall SO
quickly that no blood was spilled on
fine floor? Was it this, respondent, q