The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-02-05
JAMES LEWIS.

that no opinion was to be filed in this
case to assist us in arriving at correct
result on second trial. I have recently
tiously, gone over the entire testimony
in the case, both old and new, and while
| am free to say that the evidence adj
duced at the former trial, to my mind,
not only warranted but required the con-
vction of the respondent, I am forced to
the conclusion that the newly discovered
evidence, especially that relatingsto the
keys and to the proposed trip to Portland
on the night of the murder, taken in con-
nection with the evidence which was adj
duced in favor of the respondent at the
trial. say I am forced to the conclusion
that this evidence does raise reasonable
doubt in regard to the respondents guilt.
The correct administration of justice re-
quires not only that none but the guilty
should be convicted, but it 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 a
duty as well to the respondent as to the
public, and in pursuance of that duty I
shall ask to enter a mol pros in this case. ,
Judge Bonney said in reply: 81 ap-
prove of the action of the Attorney Gen
eral and the reasons given for such &C.
tions. The clerk will make the entry of
a mol pros as to both indictments
Hon. George M. Soldiers and Fred v.
Chase, Esq, the counsel for James Lewis
were present. Mr.. Soldiers asked if the
mol pros was for both indictments and
Judge Bonney replied that it was.
Soon after James Lewis was brought
into the court room by Deputy Sheriff
Desperaux.
He was thinnerTand quite as pale as
when he sat in that same seat just about
year ago and tainted at the crucial
moment of that trial that resulted in
finding him guilty of the murder of
Byron q. Coburn.
Doubtless his life in Jail for year and
the anxiety nf that period were what
caused his thinness and paleness
But there was one respect in which the
James Lewis OF yesterday and the James
Lewis OF year ago, in the Supreme
court room were very different men
in their appearance and that was in the
expression of the eyes.
| Yesterday Lewis eyes were bright and
triumphant and seemed to be fairly
overlooking with happiness although no
muscle of his face expressed anything but
their usual cool indifference. After he
took his seat in the prisoners chair Clerk
| Libby addressed him as follows:
James Lewis, otherwise known as
James Ellis, otherwise known as James
WEIGH, the entry of mole prosequi having
been made IN your Case,
YOU ARE HEREBY DISCHARGED.
Go therefore. without date.'
4 Fred V. Chase Esq.,, one of his coun-
sci went up and shook hands cordially
with Lewis The lat ter responded with
that cool, calm self confident expression
| that is so characteristic of him. His
smile was as matter-of- fact as if he had
just been shaken hands with by an ordi-
nary acquaintance ON an ordinary &C.
casion.
To several newspaper men who crowd
ed about him he said
| 81 have from time to time had reason
to believe that this would be the result.
I have had no direct intimation of it, but
( have never had the slightest doubt of
| it,.
| After that statement, this strange little
man, who was content to work on
| Coburn' S farm for nothing but his board
and lodging, though capable of unusual
com mand of English and evincing I'M
usual intelligence in many directions.