Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-02-05
JAMES LEWIS FREE.
Sudden End of the Coburn
Murder Case at Portland.
Attorney Gene al Powers Asks and
Judge Mol Presses the Case.
No Further Action Likely 10 Detect Murderer
OF Byron Coburn.

! Portland, Feb. IA s, cond sensation
was occasioncl in the superior court
room, this morning, when Attorney Gen
crat Powers rose and called the attention
of the court to case No 81. against James
Lewis for the murder Of Byron &. Coburn
at Gorham, Dec. -, 1891.
The attorney general said that in view
OF the fact of the decision Of the law court
in granting Lewis new trial and from
the fact that the defence had secured cvi
dence since Lewis conviction in his favor.
he would ask that the ease against Lewis
be mol pressed. Lewis was sent or.
brought into court and discharged.
The clerk found the entry on the dock IL
where It was recorded that james Lewis
was indicted for the murder Of Byron &.
Coburn on Dec. IL, 1894, hy the january
term of the grand jury Of 1895, and tried
and convicted at the same term Of court
Later entry was made on the docket thar
he had petitiOned for new trial. and
entry WAS further made OF the granting
of the same by the law court In July.
1895
These facts having been read hv Deputy
Clerk Libby, Attorney General Powers
arose and snid;
Nay 1t please the court. since found
that no opinion was to be flied IN this case
to assist us n arriving ut correct result
on a second trial, have recently carefully
and | believe | can say consciertiously.
gone over the entire testimony in the case.
both old and new, and while am free to
say that the evidence adduced at the for
mcr trial, to my mind, not only warranted
but required the conviction Of the re-
spondcnt. | am forced to the conclusion
that the newly discovered evidence. es-
pecially that relating to the KEYS aud TO
the proposed trip u Portland on the night
of the murder, taken in connection with
the evidence which was adduced in favor
of the respondent mt the trial. say am
forced to the conclusion that this evidence
does raise "a reasonable doubt in regard to
the respondent 5 guilt.
The correct administration OF Justice
requires not only thar none but the guilty
should be convicted, but il also REQUIRES
that no man, innocent or guilty. should
be convicted except upon evidence which
establishes his guilt beyond all reasonable
doubt. The prosecuting officer owes q
duty Us well To the respondent a. 10 the
public, ana IN pursuance OF that duty |
shall ask to enter IA mol pros in this case. =
Judge Bonney said: II approve Of the
action Of the attorney general and the
reasons given for such action, The clerk
VIII make the entry Of moi pros as to
both indictments
As soon as this order CT the court was
read, which made him tree map. Levi,
was congratulated by his counsel, Hon
George ". Soldiers and Nj f. V. Chase.
and by many Of the newspaper men who
have followed the case very carefully for
over year.
The murder Of Byron G. Coburn,a Grip
pie, well-to do farmer of Gorhanl, was
committed in the early evening Of Dec IS.
1891 He heard one OF his horses loose,
went out to the tie-up and was there muir
dered with an aX, which bloody weapon
was found in the harness room adjoining.
Besides James Lewis WEIGH, Joseph Cole
man, Coburn's farm hand, ard Edward
GRAHAM, i farmland at Ahner Lowells,
were placed under arrest the day after
the murder. Both Of them were held as
witnesses for the State. In the former
trial the jury. after being out 20 minutes,
returned Il verdict OF conviction No fur
Their action is likely to he taken.