Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-08-09
FOR NEW TRIAL.
Arguments in Getchell Muir
der Case In Law Court.
Hon. H. M. Heath Ably Presents
Reasons FIR Granting New Trial.
Claims That Another Committed Crime tor
Which She Was Convicted.

Va SAhi-Nti mug o IL NV
court, this morning, Hon. Herbert M
Heath of Augusta, began his argument
in behalf Of Mrs Emma Getchell of Sid
ney, who is accused of the murder of her
husband, Henry Getchell a farmer
Mr.. Heath began his argument by dis
cussing the motive for the crime. He
showed that Mrs. Getchell could neither
have jealousy, hatred nor cupidity as mo
tives She lived very happily with her
husband or as happily as any woman
could whose better half was addicted TO
drink The pair had occasional quarrels,
and at one time when the husband had
been drinking heavily for some months,
she left him and went over to his brother S
house After an absence Of one day,
Gotchell came over to the brothers and
induced her to return. Mr.. Heath argued
that Mrs. Getcholl in this instance had
simply displayed her tact and knowledge
of her husband in trying to induce him to
give up drink.
A great friend of the family was Forrest
Trask. whom Mr. Heath pictured as poor
and shftless carpenter, He pretended 10
be great friend of Mr.. Getchell and went
off on occasional sprees with him. At one
| time he played the part of a friend to the
wife. Gossip had commenced to connect
the names of Mrs Getchell and Trask to
gether more than once, but Mr.. Heath Cid
not think there was any valid reason for
this
Mrs. Getchel could not be jealous of
her husband and had no reason TO get him
out of the way, as Trask, although he rad
always been very good to her, was not IA
man she cared anything about and did
not seem TO have much respect for. On
the contrary her husband she seemed to
think q great deal Of At times she had
complained about his drinking and his
bad habits to neighbors and others, bat
she had never made any threats and none
of the things she had said could be con
strued as threats
AS far as cupidity was motive for the
crime, this was simply ont of the ques-
ton. Mrs. Getchell knew that her hus-
band did not have any property beyond q
few hundred dollars. She knew that she
would be better off with him alive than
she would be with him dead. She had
two children, one girl named Minnie,
Id ytdIS Oltt anu ID 10Y Va gNois w mum
she would have to support were her hus
band dead, and on this ground there
seemed TO be no motive for the crime,
In summing up the Introductory Mr.,
Heath showed that none of the above
mentioned reasons which were brought
forward rs motives by the government
could be correct and that the State bad
altogether failed 10 prove any motive for
the crime as far as Mrs. Getchell was con
cerned
The murder took place in winter. Henry
Getchell was a farmer and lived in Sidney
On the Friday night before his death on
Saturday. the persons in the Getchell
household were Emma Getchcll, his wife,
a man named Jack Fowler, who was hired
by Mr. Getchell to cut some wood, the two
children and Henry Getchell himself.
A few days before this Henry Getchel
had gone to Dr. Brickett of Augusta, with
u complaint of what he thought was heart
disease Dr. Brickett told him 1t was not
heart disease, but simply muscular rheu-
matism, and prescribed for him to take a
table spoonful OF gin before each meal
with a little sulphur added to it,
This remedy Getohell took regularly
and on that morning before breakfast
Jack Fowler said be saw Getcheli go into
the buttery and take a swallow of the gin
and then sit down at the breakfast table
with the Others. He ate good breakfast
and after it was over went ont into the
wood with Fowler to cut wood. After
they were gone Mrs. Getchell was left in
the house alone, her two children going
up the road piece to the house of neigh
1, ,-hp laI ,-n,oisnf civ thpv,, a
lamb as n pet.
Now about the middle of the forenoon
Mrs. Getchell went out onto the farm for
a moment and while she was gone For
rest Trask drove by the house to load his
team Mt wood pile near by. Mrs
Getchell testified at the trial that as she
came out of the barn she saw Trask on
the door steps OF the house as If he had
lust come out. He seemed somewhat
startled to see her and got back on his
team TO drive away. The two children
and the neighbor Tho had given them the
lamb also came into the yard at the
moment Trask was driving out, and they
corroborated her testimony in regard to
his having been there
Trask on the witness stand denied that
he had been into the house during the
absence of Mrs GOtchcn but Mr. Heath
argued that Trask had been there and
that there was probability that he had
been into the house and might have had
a chance to put strychnine into Gctchell's
gin.
That noon Gctchcll came home from
the woods and took his dose of medicine
before dinner. He had got about half
through his meal when he began to show
symptoms of strychnine poisoning, and
finally. about clock that night, despite
the efforts of the doctor who was sum
moncd. he died in great agony.
1t was Mrs. Gctchcll who sent for the
doctor and did all she could for the dying
man and Mr. Heath argued that her every
act showed her love for her husband and
her innocence of his death.
At o'clock Mr.. Heath was still argu-
ing and court adjourned until afternoon.
When court assembled, this afternoon,
Mr. Heath continued his argument. He
said; The State claimed that Gctchell
took three doses of the gin, one before
dinner and the other, two after he was
taken sick, TO alleviate pain.
Catherine Nash, as nice an old lady as