Daily Kennebec journal., 1897-03-15

tnat Darn Tor u necessary ~. pIt .hot
heard Viles refuse bin, and tell MN ,n,.' ~,
that would he attended to later ana ~, ~,
after Vilcs had gone into another rvu,,' w.,
when Nelson repeated the request W n' tnna
he saw fit upon his responsibility 70 uane
this man whom lie knew to be dailsc,. ails,. :.
Gus man. this prisoner who within eight
days when he had gone to arrest n, n,,,
upon a civil capias. had gone out uponn
heap of rocks and stood upon II ~, ur'
derisively thumbed his nose towarg h,i,
ont behind the barn, out OF my
sight and hearing of everyone. a
great officer of the law whose reputaliom,
has been hurt! He knew that fos,er
Nelson was dangerous man. re ~ t,,'.,
ii he undertook to arrest him he had Det.
ter get Il posse to help him. lie Knew
from past experience that this man wils u.
desporado. Gentlemen, was he acting W
good faith. was he not sulkins tnere'
Let us discuss these two counts separate
ly: the matter of the five dollars y an .i, en-.
tirely independent matter. Thc mrs.
count simply accuses him OF corfulliy y
neEligently-you can define the WoIus
put up job either way-either cofrup',s
or neglisently letting him 70. say 70
you, gentlemen, haven't you facts c,ousn
In your minds without my recapitu tuiatifg
them with my inability and forgctiuines
of facts now to 20 over the matter. nave
satisfy you that this man was inexcusc-
ably and grossly negligent In nus mar.
agement OF this man to an extent that
warranted eyc-witnesscs who Knew ms
bad moral character In believing az least:
whether true or false. but in believing NJ
least that he had wickedly allowed MN 10
20 whether paid for 1t or not. NOW as
suming for the time being that the five
dollar story has no foundation Ihrow
that out OF your minds for it Is a separ-
ate count. IT there was no consideratioh
paid and If you do not feel like believing
that this man. who has a splendid moral
reputation in his writ but none In his
ncighborhood. was vile enough TO accept
five dollars. still, gentlemen. aren't you
satisfied that this man has such u low
moral tone as Is disclosed by the uncon-
tradictcd evidence and as proven by his
ncighbors. that he would have been IN
was entirely willing to give Fos-
ter Nelson the opportunity TO get
away from him believing that Niles
would then go home without his
prisoner. and believing from what nc
knew about Nelson that 1t would be an
easy matter for him TO capture him and
then he would again be the king OF Clin-
ton. Now, isn't that what was operating
in his mind? Assuming for the time be-
ing thai he did not receive pay for doing
it. Gentlemen. that is the way Mr.. Me-
Nally would justify himself In his treat
mcnt of this man on that day. There
was no excuse whatever for his taking
that man back 10 that remote place out
opportunity for Nelson's necessities In
the hen house. He could not have es-
capped from that hen house without peo-
pie seeing the thing done and stopping
him. There was an opportunity without
indelicacy in the barn, yard and there he
would have been under the surveillance
of the crowd. There was splendid op-
portunity in the barn itself and he could
never have got out of that barn without
being shot. There was no earthly excuse
for taking that man behind the barn.
and that is the way his neighbors. who
distrusted George Mentally on account OF
their knowledge Of his weakness of moral
character. viewed 1t.
In weighing that Issue as to whether
McCone was justified in believing what
the crowd generally said was true, you
are to take not the testimony as ii now
appears but you are to take the thing as
Il looked TO them Mt the time. They were
reputable men. neighbors of George Me-
Naily who knew him and stood there
seeing this thing done in this careless
and negligent way and they could fird no
excuse for his conduct. save the fnct that
he had weakened in some way and. for
some reason best known to McNally,
allowed that man 10 escape in the way
that he did.
Now. McNally comes In with diary.
gentlemen. If you should stay here as
jurors for "A term of ten or fifteen years
you would find that the man with the
diary is the man who leaves the truth
at home. This diary Is first heard of
today. Strange. gentlemen. that the
strange that in that interview with the
Lewiston Journal where McNally was
putting out the best side of his case that
he could that it didn't appear. strange
that in the interview with the Bangor
News where McNally was again putting
out the best side possible of his case that
it didn't appear. McNally now says that
he held a most judicial conference with
Nelson out there behind the barn. that
Nelson opened up his heart to him. Well
good terms. McNally had been his guest
He had enjoyed the hospitality of his
home. He had participated in the social
features of that beautiful establishment
and he now says for the first time known
to man that Nelson said to him. do you
think that had better own up or fight?"
and McNally replied. Il think you had
better confess" On pretty good terms
iieve that to be true? Why. gentlemen.
If Foster Nelson made that remark out
behind that barn. DO you think / had
better fight or own up?" 1t was proof
the evidence that would have been needed
to satisfy grand jury. 1t would have
lJecn all the evidence that wouldNbe need
ed to satisfy a traverse jury and yet in a
trial here of two days when Foster Nell
son was on trail. when he resisted
every point and when towards the last
it was true he backed down and plead
guilty. yet during all the heat of that
trial, a case that Mentally stood behind
as a deputy sheriff. for his pride had been
aroused by these newspaper publications
and of course he would become exceed
ingly virtuous. with all the desire of vic
tory. with all the responsibility upon him
rs an officer. with all the earnestness
that he must have had to secure Il con-
viction. not one word of his famous diary
dropped from his lips. not one word even
to the county attorney in private, conver-
sation. much less upon the stand. did he
disclose that out behind that barn Foster
Nelson by the putting of that question
hal admitted his guilt. Gentlemen.
havn't you by his conduct a right to say
that that is an invention upon the stand
born with this ten thousand dollar ad
,lamnum before his eyes. and burning
here with a desire of present victory
in a civil suit, that that is an invention
upon the part of George McNally. Itnever
happened. Now, as bearing upon the
probable truth of that charge. Mr.. Nc
Nally told three different stories to the
reporters in regard to it and he has told
still Il different story upon the stand. All
Of our witnesses agree that when he came
back to tho house he explained to his
excited neighbors. who distrusted him
because they knew him. that this man
had tripped him. He told one of the re-
rorters of one of the papers-I cannot
discriminate between the papers-that
he turned to look around thinking he
heard somebody coming and that as he
turned around that then Nelson jumped
and ran. That is another story. He satd
- ~A11 l.t rrt. 81