The Portland daily press., 1895-01-29

| Mrs. Kimb ball said he was kicked to
death by COW, what did you say?
| [ don't remember that / said anything
at all.
Didn't you suggest any way that he
might have been killed
No, sir.
| / couldn't tell when / found the keys;
it might have been week before L was
arrested. never tried to find the own
er of them. 1 don't remember that L
told any one that had found them.
At this point the court adjourned till
| afternoon.
THE AFTERNOON SESSION.
| There was crowd of several hundred
| people in front of the City building after
the noon hour, waiting for Lewis to come
out to take the cab for the Jail. They
formed dense mass and it was with diff
Guilty that tne officers kept cleared path
| through them.
| After the noon intermission there was
the largest crowd in the corridors that there
| mas yet been. From the great front doors
| of the building to the gates il the corridor
on the county side, there was such a dense
mass of humanity that three policemen
were constantly at work TO keep open a
narrow path SO that ingress and egress from
the count room might be possible.
| great many woman were present en-
deayoring to get admission to the court
room They filled the chairs in every avail
"a BILE foot of floor space, except that imme-
diately surrounding the attorneys table.
/ During the afternoon the attendance was
much larger than at any time during the
Prawda trial.
At little past three O'Clock Graffam
again took the stand and the cIoss-examlna-
ton continued, but not until the respond
ent had written something upon piece OF
paper and shown it to Mr.. seiders and they
had conferred together about it.
Witness pawned the overcoat on the l3th
of November. He went out to Gorham that
night and went to the Lowells Some time
after he went out to Gorham and stopped
all nigIt at Coburn's.e He did not go to
Lowell's because he did not want to. He
had no otLer clothes or shoes than those in
court, at the time of the murder.
He had stated all the conversation oe-
tween him and Lewis at the Lowell house
door, and on the ride from Gorham- he
couldn't remember al bout Lewis saying that
he entered the barn in any other way he
| had related all the details that he could re-
member.
| He did not get his clothes from the Bos-
ton boat, because he intended to go away
again. He saw no one in relation to leaving
| his baggage at the Boston boat wharf. They
/ were packed in sailors bag. He had "a
check for them, but it was given to Sheriff
/ Chute He had not been there for the
| clothes since.
| Direct resumed. W. ~ ~
!, where is the tobacco store where you
/ got So bill changed?nl VA 49,
/ son Commercial street, next S. M. STAN
woods foundry hssa& -
With the closing of Graffam's testimony
the state rested its case. and Mr.. Chase
m ade the opening address for the defence.
MR.. CHAsE'S A BILE OPENING.
He said that when so brutal crime as
the present is committed there is an I'M
usual thrill of horror in the community.
| There is Immediately universal demand
that some one shall be punished. That de-
mand should be confined to the desire that
| only the guilty shall be punished. 1t Is
| known to be fact that in some countries,
it is a law of the land that some one must
| be executed when murder is committed.
| If no one is convicted the one who was
nearest the scene of the murder must prove
his innocence suffer the penalty of the
| offense But this is not the law of our CON-
monwealth. Every man is presumed to be
innocent until proven guilty.
l. Usually crimes like this are proven by
circumstant1al evidence fof 1t Is rare that
any eye witnesses the deed except that OF
| the murderer.
| Mr.. Chase dwelt at some length upon the
necessity of proving each essential clrcunl-
| stance beyond reasonable doubt. We must
admit that it is fact, proven by the history
of crimes, that We are sometimes misleo
and mistaken by apparent facts. The m
| fere noes which you draw from circumstan-
tial ence,s you must be careful to assure
yourselves are reasonably true.
| Nj. Chase related story Of crime to snow
t that even the most convincing c1rcumstan-
Etial evidence may bring about the conv1c-
tion Of an innocent man.
| Now gentlemen, before you shall decide
4 that the government has sustained its
4 hypoi hesis. you must be satisfied that II he
| murder could not ha we been committed by
any other possible or probable ,hypot hesls.
1 Far be it from me to stand here and defend
James Lewissor in any way uphold this
horrible crime If committed by him. We say
with you that this was "a most reYoltlne
crime, and that whoever crushed out the
life of Byron &. Coburn should suffer the
penalty.
such crime we must be sure of our ground
lest we ma ks the awful mistake of convict
: Gentlemen you have been here since We'd
nesday morning, and have heard the cir
cum tantial evidence. and that OF one wit
ness who claims thar this respondent con-
fessed TO him that he committed the crime
This comes under he head of direct evil
dence. In regard to that, the question
comes as to whet her you are to believe :he
testimony or not.
The government has rested its case. They
say that they have no mole evidence tt
| offer ana ask that you shall Say that this
respondent is guilty. ! wish to state briefly
| where the defense stands. The testimony
; thus far has brought out in yonr minds the
following picture Of the situation at the
Coburn farm on the 18th of December.
Mr.. Chase briefly outlined the oft-repeateo
story of the events OF that day and eve
ming as testified to by Mrs. Kimball ano
Coleman and the Lowells and Lewis, 4
statement to the newspaper men:
The time of six O'Clock is fixed by Cole
mans hearing the Westbrook whistle, as he
he goes across 10 the Lowell house. From
that time till O'Clock or later. Lewis Is IL
the Lowell sitting room. t@s4.
Affer ii certain space of time Lewis Game
back Mrs. Kimba1l has RELAXED to you, ano
the respondent will tetify to you as TO VIVA
tooa place after he came back But tnere
are certain ot her acts. little before SIX
O'Clock Stanley Lowell is on his way &c
Gorham. Prior to reaching the tannery al
six O'clock, he meets GRAHAM at the Nc
Donough house. GRAHAM is going, dlrecI it
the Coburn house. as be states, FROM ina
lime until about seven O'Clock or later
when he came into the lowell house no oht
has seen Edward GRAHAM. he has given nc