The Portland daily press., 1895-08-07

Chase Makes the Argument on the
Motion for New Trial.
At the opening of court in the morn
ing Mr.. Seiders resumed his argument
upon the motion for new trial in the
case of James Lewis.
AS to the length of time Lewis was
away from the Lowell house he said the
shortest average time, as appears by the
testimony of the five witnesses, was
nineteen minutes, and the longest aver
age time twenty-five minutes. Evidently
the longest possible period of utimessfrom
this testiomny, that Lewis was out of the
Lowell house was not more than twenty
minutes and this must be reduced eight
minutes, the time he was at the door
with GRAHAM.
Lewis did not have any time to commit
the deed while he was away from the
Lowell house, even if it could be shown
that it was done at that time, when all
are taken into consideration.
After reviewing the testimony bearing
upon the position of the body of Coburn
when found in the tieup, and the testi-
mony on the part of the state as to Lewis
declarations that Coburn was killed, that
there was hole in his head, that he had
been kicked to death, when he was in
such position that he could not have
seen the wounds. Mr.. Seiders said: We
claim that the wounds could be easily
seen standing at Coburn's s feet. 1t must
be patent on the face, that anyone stand
ing at the feet of Coburn, whose head
was wounded as DIR. Thompson testifies,
could easily see the wounds. Donnelly
Immediately noticed it. and his attention
was called to it during the trial, but by
his letter being withheld at the Jail by the
officials. the defence was not able to avail
itself of it. The evidence of one witness
who takes note of fact, outweighs many
who testify on their Judgment.
AS to the circumstantial evidence and
the rules of law relating thereto, Mr.
Seiders said: We claim that the verdict
was wrong and against the law and evil
dence as laid down by these rules. We
respectfully submit that each circum-
stance necessary to convict Lewis was not
proven beyond a reasonable doubt; that
all the facts presented were not consistant
with the hypothesis to be established and
with each other; that many of the circum-
stances proved not only did not have
direct tendency to establish the main
proposition, but absolutely contradicted
it and fell far short, when taken together,
of 1aadinn tho xphn 10
of the guilt Of Lewis, and that the
evidence did not to a reasonable certain
ty, actually exclude every hypothesis, ex-
cept the one to be proved. The facts
proved at the trial were palpably con-
sistent with another hypothesis than that
sought to be proved by the prosecution;
to wit, with the hypothesis that GRAHAM
committed the deed, and therein we SUBJ
NIT that the verdict was against law and
evidence.
Mr.. Seiders closed at quarter of one
o'cl ock and the court adjourned.
In the afternoon, Mr.. f. V. Chase
commenced the argument for Lewis upon
the motion for new trial, founded upon
the newly discovered evidence.
Mr.. Chase said the defense claimed
that the newly discovered evidence all
tended to show that Edward GRAHAM was
the murderer Of Byron G. Coburn. He
then referred to the testimony as to
GRAHAM S appearance the night Of the
murder and the next morning. showing
extreme agitation and nervousness; to
Graffam's arrangement with James
Dooley to get team and go to Portland
that night and to meet Dooley at Cor
ham Corner at O'Clock; to his conduct
after leaving Dooley, instead of going
directly home to supper, going, as he
says, to the Coburn house, not going
home to Lowell's until about seven
o'clock, showing that he never intended
to keep the appointment with Dooley, or
if he did, that he went to the Coburn
stable to steal horse; his failure to ex-
plain to Dooley why he did not keep his
appointment.
The counsel then commented upon
Graffam's S statements to different wit
nesses and his conduct in relation there
to; his statement to Dooley with reference
to the conviction of Lewis, and7 his evil
dent satisfaction with the conviction,
also his evident unwillingness to talk
about the murder. His statement to
Roscoe G. Drown that the axe was found
near or beside of Coburn ibis statement to
William Currier that he made the tracks
from the barn that night and his further
statement that he would not have said
anything about them, only he couldn't
help himself; that he could not account
for his time from tine barber shop home !;
that he would be willing to take year
down East to be clear of this rather than
come up in court at ALL" that Coleman
was all right and he wished he was in
Coleman's place; his desire to break Jail
on the ground that it would save his
neck" all of which was claimed to point
directly to GRAHAM as the real criminal
and therefore exculpatory of Lewis.
In reference to the new evidence about
the paddock and key Mr.. Chase said :
There was found upon the person of