The Portland daily press., 1897-01-28

bright and witty replies to counsel were
as entertaining as his brogus was rich
and round. II was when Mr.. Morrill,
asked him to describe ''the manner OF
address, of stranger whom O'Rourke
was directing, that he replied with an
infectious grin.
Will sari He had 'er 'schlite" brogue
like NJ ese1f yis saR!"
O'Rourke testified that man got off
the Boston freight at 1880 and inquired
the way to the Grand Trunk station, and
started OF in that direction. The man he
saw answered the description Of the re-
spondent.
Edgar e. Rounds, night yard con-
duosor, testified that the Boston freight
was late on the night Of the burglary.
A SURPRISE.
The defense had surprise in store
when the next witnesssswas called, and a
man tallying very closely in appearance
with the respondent stepped on the
stand. This was Bred A. Toole, who
worked In McCarty's shoe store on Fore
street. He stated that he had been collect
ing on the day before the burglary and
called into Cummings Bros. and several
other places to get 90 bill changed and
finally got it changed between four and
five O'Clock D. M, at the Cold Storage
company. He stated that he positively
identified Cashier Parker, whom he had
seen on the stand as the man Z who
~ oxxo5 +ha hill fov hi,,, ~ wau tn marf5 q
dusk when he went in. f3s
At the opening Of the afternoon session
the defending counsel recalled Mr.. Toole.
Mr. Morrill, said: "You were not asked
this morning of whom you collected the
bill of 81 rs, and who gave you the S.
bill. Can you tell us his nameP
eyes SIR was the reply, it was Mr..
Il. D. B. LIE Prohon, the French con-
aul. ~
Mr.. Morrill, handed the witness re-
oelpted bill, asked him to examine it,
and asked him If he recognized 1t. Wit
ness identified it was the receipt he gave
Mr.. LIE Prohon in exchange for the VI. 20.
Cross-examined by County Attorney
Libby, the witness said he did not recall
having seen anybody he knew, at the
Gold Storage company's office that day
except the young man who changed th
bill for him.
George A. Hatch, one 3 Of the Cold
Storage conpany's employees, was ask CD
to stand up, and the witness was asked
If he recognized him as one OF the mon in
the Office that day. Toole replied that he
could not swear that he did recognize
him.
.How do you fix the day on which you
got that bill changedP" asked the county
attorney.
~ read in the papers the next day that
there had been break in the Gold
Storage company's Office. and also read
about the changing OF a SIS there. That
was what caused me to fix the date"
E. d. B. LIE PROHON,
the Commercial street tea broker and
French consul, was called to the stand
for the defense. He corroborated the
testimony of Mr. Toole in relation to the
payment of 81 IS for goods purchased at
MoCarthy's shoe store, and the rendering
of q S. bill, which the collector took out
upon the street to get changed, and short
| " returned with the change. Mr..
LIE Prohon identified the receipted bill
which had been offered in evidence. The
bill bore the date of September 10. )
| Here the defense rested.
George A. Hatch. recalled by the
prosecution, testified that he saw the
man with the So bill In the Cold Storage
company's office, and that man was not
Toole, but the respondent. The witness
said he knew Toole.
The Arguments.
Carroll ". Morrill,, Esq, made the first
argument for the defendant. He began
with pointing out the great responsibility
of counsel and jury in a case involving a
human beings liberty, and paid grace
full tribute to the prosecuting attorneys
and the court, declaring that as now
constituted it would be impossible for a
man to have other than fair trial. Mr..
Morrill, then called attention to the differ
ence in considering and weighing civil
and criminal evidence and laying gre at
stress on the distinction that must be
made between cases chat oan be settled
by an award Of simple dollars and cents,
and those which Involve the life and
Ii berty of human being.
The counsel reviewed the evidence
point by point and claimed that it did
not furnish anything to convict the re-.
spondent of the crime charged beyond a
T6hSOudUl0 OOuUu 1Ao EOoiOA oesAAy y
testimony, "If Barry tells the truth,
Murray was where he could not have
caused the explosion. If he is mistak en-
you have another evidence of the unre-
liableness of personal Identification. He
told the jury to decide the case according
to the law and evidence, but in their
Justice not to lose sight of the Golden
rule.
County Attorney Libby in summoning
for the state took up the case step by
step and made q strong and logical
presentation of the states case. Ho
claimed that chain of circumstantial
evidence had been established from which
shers is no escape. He told the jury they
would never hear case where the
ciroumstantial evidence pointed SO
strongly to the guilty party. He charged
the Jury to consider their duty to the
community and decide the case on Its
merits. He knew they would do their
full duty. Mr.. Libby spoke at some
length and had the closest attention of
the court, jury and audience. H5
When he had finished the court ad-
iourned until ten o'clock, Thursday.
The Imperials Won.