The Portland daily press., 1895-08-08
CASE AGAINST LEWIS.
Attorney General Powers Replies to
Counsel for Defense.

Case is Now Concluded and the Law Court
Will Render Decision in Its Own Good
Time. 5f#
AT the opening of the court Attorney
General Powers began his argument for
the state in the Lewis murder case. He
said. that the case comes before this court
supported by verdict of guilty by jury
of able, fair minded Intelligent men, who
had the opportunity Of hearing and see
ing the witnesses, OF observing their ap-
pearance, their manner of testlfylng-
things that cannot be put upon paper but
which are of the utmost advantage IN de-
termining whether witnesses are telling
the truth or exaggerating or shading
their testimony in favor OF one SIDE or the
other This jury, who could have had no
other motive or interest except the pro-
motion of justice, had that opportunity
and their verdict was guilty.
The state claims that the guilt of the re-
spondent is established by both direct and
circumstantial evidence, by the confession
which he made to Graffam, and by his
own acts and statements.
On the other hand his contention is
that he had no opportunity to commit the
crime, and that Edward Graffaln did
commit it, or at least that the evidence is
suchsas to- raise reasonable doubt
whether Edward GRAHAM, and not the
respondent, is the guilty party
First To IT. iS ir,,noc-
sible to fix the precise time of the murder
When the six O'Clock whistle blew at
Saccarappa, Byron Coburn was alive and
in his house, Joseph Coleman was on his
way from Coburn's to the Lowell house,
the respondent was at the Lowell house,
and Edward Graffam was on his way
from Gorham Corner to the Coburn
house. The precise moment at which
events, before and after six O'Clock tran
spired, cannot be ascertained, as they de-
pend upon the Judgment of witnesses who
took no note of the time, and had nothing
but their recollection and Judgment by
which to fix it.
1t is a well known fact that when
people are engaged in work, or in con-
versation, time passes rapidly, but when
they are anxious and waiting it seems
to drag aud to pass much more slowly.
The Attorney General then went over
the testimony of the several witnesses as
to the. time they had supper at the Coburn
house the time Lewis was at the Lowell
house before he went out the first time
and the time of Graffam's appearance in
the Lowell house and Lewis's return. He
claimed that the testimony of all the wit
nesses considered together points to a
period of not less. than twenty minutes
from the time that GRAHAM came into
the Lowell house until Lewis returned.
From the Lowell house to the Coburn
barn was only four hundred feet (page
239). The twenty minutes or upwards
which elapsed between the time when
Lewis parted with GRAHAM outside the
Lowell house and the time when he re-
turned to that house to announce Co.
burns death gave ample time and oppor-
tunity for him to go from Lowell's to
Coburn's, commit the crime, make all
the search which was made before
THE DISCOVERY OF THE BODY,
and return to the Lowell house Events
transpire quickly. Many things may be
done in twenty minutes, or even in one
minute.
The case shows that Coburn, immedi-
ately upon hearing the noise in the barn,
arose, put on his coat, sslit the lantern. and
went out. 1t shows that he met with al
most instantaneous death upon entering
the tieup, and that the three trips made
by Lewis to the barn before the discovery
of the body could have occupied but
few brief moments.
The acts and statements of Lewis at
the time show guilt on his part.
Mrs. Kimball, as soon as Lewis entered
the house, told him that they had heard a
horse back out of the stall, and that Co.
burn had gone out to see to. him, and
that she wished Lewis would go out and
look for him. We are now commenting
upon the case as detailed by Mrs. Kim
ball.
Under these circumstances where would
any man, where would Lewis naturally
look for Coburn? He would look for him
in the tieup where the horses were. He
went out and came back and said he
went around the barn, and went in the
barn. think he said in the big barn
floor" From that big barn floor there
was walk which led directly into the
tieup by which Coburn might have gone
and Lewis might have followed had he
desired.
Lewis told Mrs. Kimball on his return
the first time that he thought Mr.. Coburn
must be out skunking. No reason ap-
pears, or can be suggested, why Lewis
should think that that old man, which his
physical inirmity, with no gun or imple
ment of any kind except lighted
lantern, on that December evening would
be away from his house on an errand or
an eXDed ditiOn of that kind