Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-01-04

tellipent with himself and who have
80 ~, as.sas,,a lei, 49,
heard the same evidence, win the
same attention, with an equal desire to
arrive at the truth and under the
-,
sapctlon OF the Same oatn.
And. on the other hand, IL major
ity are for acuuittal, the minority
o,,oht sariousIv to ask tbamsalves
ousHl st1iouaiy ~ deh eheHIoei'eo
whether they may not reasonably and
ought not To Doubt the correctness of
- LII, t. 49, ,o,,,,,,,roa a.,
judgment Whlcn IS MOI cohcurreo III
by most of those with whom they are
a csociated and distrust the weight or
as $50. .. ~. - 80 fo,,..
suiilclehcy Vi tiia' eNloeice WHICH ia'io
to carry conviction to the minds of
their fellows.
..I -. ., ,. hove
tnlnk, SentieiheH' WHAT nave
said sufficiently answers the communi-
cation which Won made To the Court
W, I'm .horaforo rat;ra co.. f,rthar
'ou VIM 'heiesoi iele ,oi LUZ NV
consideration OF this case.
Mr.. Cotter-I would ask Your Honor
there is a slight doubt in our minds, but
to save our rights as to this doctrine of
commonwealth vs. They've are not
quite certain of its application to
United States court case: and having that
doubt, we ask Your Honor
coli. livery well Exception observed.
You may retire. gentlemen
The Jury then retired, in charge of the
officers. and the judges remained upon
the bench
At 10 o'clock the court came in to rem
lI1er its decision on an exception taken by
Mr.. Cotter. Justice Coli inquired il
counsel were present.
Justice Colt addressed them as follows:
The court is now prepared to dispose
of the exception which was offered at the
close of the instructions given to the
Jury. Friday afternoon
At the close of the charge to the jury,
the counsel were asked whether they en-
r rrl1 was 81 that the charge was entirely
satisfactory.
..,rbe roi,nseI for the defendant then
presented nj a paper claiming an exception
| oi,iect ionnhle and preiudiciai matter.
| Under the rules and practice of the
taken 10 any evidence or other matter
as ii arises or is offered and must then
| be reserved. and if that is not done eX-
| ceutions are not allowed. The exception
| cIaimed 40 above stated NOT complying
| with the rule and practice of this court
| is not allowed.
Mr.. Cotter-We wish to have it appear
| on The record that we excepted in that
| form Your Honor. AT different times
| through the trial certain statements were
| ma1a and some am free TO saw now
we felt aggrieved at: we felt for a while
| tbat tho Tights of the prisoner NAV have
baen nre ;udiced by them. and these state
ments were then Withdrawn. we have a
question whether
qWohb Win Won say what statement
| Won snecially object to?
MIR. Cotter-Well, l have reference. il
| your Honor nlease to the statement
| made nv Your Honor when we were call
ing attention-discussing piece of evil
deRce: Your Honor's aiiusion to it. tina.
| ~ vs. ,,anufactured evidence
| yVebh ~ know what YOU refer to-
Now. YOU will bear in mind that was Il
| J;Sci,ssion with Won upon the question OF
the admissihility Of the evidence.
NIr irotter-Yes in the presence of the
| i,,rv
| Webb. Yes. The Jury were instruct
| cd ~ nav. No aItantion 10 IT.
eI Mr. ~ t 1,ott ar-WeliS
Mohh twas there another of that
kindp
Mr., Cotter-Then the interruption in
nv argument. if Your Honor please.
While I concede that no exception vas
made. Your Honor took occasion to say.
| in an argument which j commended TO pc
perfectly legitimate and the district at
ton was to be sustained or not. but L
was informed that | might go on with
the argument; it was then stated in the
was far-fetched. These things, we be-
leve have poisoning effect upon the
jury, whether they are Withdrawn or nor.
the rights of the defendant. of course we
desire 10 do it. And we have some
doubts. Your Honor. whether state
ment of that kind in Il capital case, can
be withdrawn.
Webb J.-If you will present a SPECIFIC
and definite exception to the Interruption
of your argument, stating what 1t was,
the Court will consider that. That IS en-
tirely different from this vague and gen
eral matter.
Mr. Cotter-In a matter which involves
this human life-we are OF course reiuc-
tant in crticiZing, but in a matter involv-
ing a human life, we would certainly be
cowardly and would be dereilct to our
duties if there is the slightest doupt IN n
our mind unless we called attention to IT
and emphasized our views in regard to IT.
Webb. il do not understand tnat
rules of law diner themselves, Whatever
the character of the case is:
Mr. Cotter-The responsibility OF eoun-
sell however. is very much greater. we
have felt that after our three weeks
siege here.
coli Until some notice is given to
the contrary. the counsel will remain in
aftendance and the Court will also re-
main in ',ttendance
Webb. J.-That does not mean we shaft
ran,s;r in the courf room absolutely, but
in the ;,nmediate vicinity where you can
ba siinmoned into court
Inst before noon. Marshal Swift sent
for the Judges and counsel to appear as
Noon rs nossible. This looked like bust
ness and II was said that this would De
the last appearance of the jury.
At ~ Is Mr.. Cotter. who had been sent
for anneared and Justice Colt came up
the corridor shortly after.
Then ali that was needed was the APP
nearance of District Attorney Hoar.
AT 1926. nearly all the seats were filled
and there was still bowling mob in the