The Portland daily press., 1895-01-31

around the edge of the door and picked
up that lantern. 1t would nave been
more favorable to Lewis to tesJlIy Jnat
the lantern stood at the edge of the door.
But he says that that lantern STOOD
some inches from the edge of the door.
Now let US take up the SUBJECT OF Jhe
conduct of Lewis that evening. l6 mas
| been shown that Lewis was volu Die and
talkative. Now l say it with all rever-
ence that if the Lord himself had come
down and told Libby that some one else
| committed that murder he would nave
replied: "That's all right, but L know
| bettern He WAS prejudiced throughout.
| Now it is fact that there are witnesses
so constituted that they can only see one
side of a question and that is exagger-
ated.
Now is there a single thing thar the
State has produced to show that Lewis
tried to shield himself? Did he not talk
| Just as freely as he ever talked? Parties
noticed that he was talking. He is a
talkative man. You must know that
from his flow of language. Was his
conduct suspicious in going out the first
time? We claim that he acted naturally
in every respect. The second time. at
the order of Mrs. Kim bail, he went out
and opened the large doors. There was
no light He then discerned the lantern.
He struck a match. Anything suspic-
| ious about that? or that he took the
lantern back to Mrs. Kim ball? We claim
| that no suspicion is eSta blished.
| Did he refuse to go out the third time?
He persisted in going with her though
she protested. Anything suspicious
about that? We claim that it is an in
dication of innocence. In the barn. Mrs
| Kim bail was much excited. She says
| Lewis stood at the feet of Coburn. lie
says he passed up to the knees. How
many of you gentlemen would stand at
that point and not know that the man
was dead? What would he have done
there If guilty?. He'd have rushed round
and queried how it occurred. He
wouldn't have known anything about
| it, He'd have made suggestions. Thefe
| fore he did not display, we claim, any
| appearance of guilt.
| 1t is probable that the state will claim
that Lewis knew just what to do after
the murder; that he suggested going
| for the coroner, and that nothing should
he touched. Now that is matter OF
more general knowledge in the rural dis
! sricts than in the city.
Is that knowledge on Lewis's part an
| indication of guilt? Suppose he'd gone
to work and destroyed evidence; there
would have been an indication of guilt.
Now | come to another topic; an in
teresting oI.e, and that is the matter OF
those tracks. You saw Graffam on the
stand, ard noticed that he liked his eyes
away from the jury, and you noticed the
appearance OF his face that showed great
excitement or else great fear. On cross
examination he said that he never said
he started to go to Little Falls. Here
are two state witnesses that say he told
them that he started for Little Fails
| He lied right at that point. and that is
only one Of the many lies that we shall
be able to fix upon that witness.
And why did he lie about those tracks?
Let us look at the plan moment
Mr.. Seiders showed the jury the loca-
tion of Little Falls, and the Parker
| field farther north than the Hannaford
woods, where Graffam passed over it.
| He lied because he knew his STORY
wouldn't hang together. Here was a
| man who couldn't account for his time
without conflicting with Mrs. Klmball.
When the tracks were discovered he
claims that they were his. and the offic-
ers believed him. They followed them
| tc the bare ground on the top OF the hlll,
and nobody knows who made the tracks
near Hannaford's woods.
Why were the tracks made by man
running? GRAHAM said he was cold.
Richardson says the tracks were smooth.
| You all know that tracks made in that
warm daytimet would be honeycombed
and not smooth. I spoke of Mr.. Chute's
| examination of those tracks. l suppose
II was very much like his action in re-
card to that cheek. He had a check
| taken from GRAHAM and never went to
the boat to see il his baggage was there.
| I suppose that his examination OF those
tracks was very much like his action
about the keys. They turned up after
| the other articles and were not produced
| at the preliminary hearing. Now, it his
examination OF the tracks WAS like his
action about the Keys and check, it
MUST HAVE BEEN VERY CARE
LESS.
There is no evidence to bolster MIR.
Graffam in his statement that he made
those tracks in the morning. The gov
ernment has not proven even one side OF
| the statement that the tracks were
made in the morning, and there is evil
dence to show that they were made later
in the day.
The government claims further that
Lewis is guilty, and takes his purported
| confession to Graffam as true. We deny
| that confession, and will state early.
| From the reporters notes in relation to
the conversation at the Lowell door.
Graffam says that Lewis asked II any
| hOQYEWaS at nome, anu Ho lSpl1oN bHat
| Coburn was in the kitchen and Mrs.
KimbalI was in the dining room. Lewis
then said that he'd get Coburn's money
and come back and tell him, and went
off running down over the bank and
laughing! Now, preliminary as to what
followed, is not that as foolish as can
we'll be? Do you see traces of insanity
in this respondent? He surely is not a
fool. Did he go out and leave the door
open and stand at the door and say that
so loudly that people inside would dis
tinguish their voices. Suppose Lewis
had it in mind to commit that murder,
would he not have taken Gruffam away
from the house and talked in a low
voice?
After having said that he then ran off
laughing! Ran off laughing! say
again
is THIS RESPONDENT INSANE?
I say that he is a very intelligent man,
and would never have done such a
thing in that way.
1t is as well to take up now the fact
that GRAHAM said he was at the Coburn
house from % minutes to an nalf hour.
| ~ ,.,..od CtapIaV lowell at the McDOQ-