The Portland daily press., 1895-01-31

Don't touch anything; he is dead. She
said that she did not think that he was
dead. Lewis does not say that at that
time he knew that he had been MUIR
dered. 1t is not such a customary thing
in the country for people to say :" Don't
touch anything on your life" when here
has been an accident or suicide.
ALL THESE THINGS CONDEMN
! HIM.
They show that he was not an innocent
man, and that he had that guilty knowl-
edge that he could not have obtained as
the perpetrator of the crime.
Mr.. Powers next turned to the subject
of Edward Graffam and considered MI.
Seider's deadly parellel column.
He said first that there is enough out
side of Graffam's testimony to convict
the respondent. Ii you think Graffam
was accessory, that would be no reason
why James Lewis should not suffer his
penalty. 80,
In this case James Lewis Welch is the
only man who can be tried and II the
dead sh ould rise from the grave to
acuse him he could not be tried again.
But it isn't necessary to go into the de-
tails of this case. There are certain
prominent facts that are sufficient. 1t is
said that more things 1ncrlmlnate GraH-
am than Lewis.
| Mr.. Powers referred to the blood on
Graffam as coming from the wound re-
ceived in tie barber shop. He dismissed
the matter of the tracks py arguing
that only one track went OFF across the
field; that it was noticed that noon by
Young Hannaford; that GRAHAM was
perfectly willing to state they were his
tracks, and that guilty man would
have shrunk from stating that, and
from putting his feet in them to snow
| they were his.
In regard to the money, he claimed
that GRAHAM had "a hours after the mur-
der before ha was arrested, and that ne
| or ANYBODY else would not have kept
| that money on his person if he had Dur-
dered Coburn to get it, 1t was the sim
plest thing in the world for Lewis to ac-
| count for his money. from that first item
of SIS cents was simply his own statement.
It.might have been so or 60 cents, il nec-
essary to make the account balance.
"They say that he attempts to account
for his time by saying he was in the
| Coburn kitchen, when he was not there
according to Mrs. Kimbal 1t is true
| that there is a discrepancy. In the open
| ing, Mr.. True stated to you that MIS-.
Kimball did not reoollect of his being
there. But there are circumstances
which tend to show that he was there.
| And it is possible that Mrs. Kimb ball,
| in her excitement and great strain, may
l have forgotten the circumstances, or
mixed that night with others when he
was there. The two things which sup
port Mr.. Grafam inahis statement that he
was there are, first, that if this man was
l o,il+v ba vary last nIaca that he VyOuld
select and falsely state that he was in
1 would be the presence of his victim. 1t
| is incredible to believe that a man would
| be so stupid as to select that place OF all
| others.to account for himself in. Its
| the last place on the face OF the earth
that Edward Graffam, if guilty of the
crime, would locate himself in falsely.
| Yet. il it were false, if he were not in
| there at the time he says he was, he
must know that she would say he was
not here. If he was there she might
possibly not recollect. but If he was not
there he must know that she would re-
| member it, And yet he persists in say
ing that he was there, and describes
particularly what was said and done.
| lie saws that MIR. Coburn was reading the
| napeI and an advertisement about some
| horses. Now on that night Mrs. Florence
| Day says she saw on the tub that paper
land printed cicrular. We were not al
/
that circular, but it was a significant
| TACT that Mrs Day should have seen it
| there that night on tub that had been
used in washing that day, and on which
| it couldn't have been lying very long.
| Mr. Powers here returned to the ques-
ton of time, and urged that Lewis had
done all that he had to do in fifteen or
| twenty minutes, and that there was ey-
ery reason to believe that he had that
time. He spoke of the water closet
statement as made at first to the offlcers
\ to help account for his time, ana tnen,
| when Lewis was cornered Oh the stand
las to that, "he says he was only here
one minute, and makes it of little con-
seouence.n The damning fact to him in
| his statements is that he now comes up
on the stand, for the first time, and gives
| this detailed conversation of what took
place between him and Mrs. Kimball af-
! ter he returned from the barn the first
| fine. The very facts and circumstances
1 of this situation show that 1T is inner
emily false.
The mind of Mrs. Kimball was not
running upon blue shirts, or purifying,
or ice house doors. They say it's all i'm
material and improbable that Lewis
should make this confession to Gra1fa am.
| Now, [ have never held tnat THIS
GRAHAM is the purest and brightest and
most spotless young man in that COM
munity. Men make condolences to those
with whom they have associated. These
men had sailed upon the ocean together.
Criminals don't contide to spotless char
acters. 1T is true that this young man
did not want to, tell anything to hurt
Lewis. 1t was only when he was
brought into the presence of his uncle,
and you saw him on the stand and can
Judge what kind of influence Daniel
Graffam would have.
Mr.. Powers pointed out that Graffam
only betrayed Lewis's confidence when
| convinced that his own safety demanded
it. He said that Lewis probably
ONLY INTENDED ROBBERY AT
| FIRST,
| but what was the exact result of that
intention only Lewis himself knows. He
might have been recognized by Mr.. Co.
burn. He killed him to save his expos
ure. and it might nave flashed through
his mind then, as Tallman Lowell sug-
eested to him, that with Coburn out OF
the way he could run the farm. Then
! ~ x,,optad Gro fam 10 with MIN TO