The Portland daily press., 1897-10-02

come out of the house and she watched
him until he gets out Of sight on Main
street. We should not have been perfectly
safe about this If it hadn't been for the
fact that Mrs. Sherry told you her discov-
cred the fire at IL. 35 O'Clock. The state
didn't take the trouble to show you the
time of the breaking out Of this fire. Mr..
Mcdonald tells you at IL. 30 there was no
fire in that corridor. That fire was set
between 12 20 and twenty-five minutes be-
fore one. And the evidence shows you
most oonolusively that Waite was at
Knightville at this time and Mrs. Waite
and Waite, besides the o her witnesses tell
you that he was at home at IL. ~ O'Clock.
Then Waite tells you he left the studio
little before twelve and left a souvenir
calender at the store of Milliken and
Iomlison's on Commercial street. At
!; % O'Clock he left home and went to
south Portland. You see Bradford no
tlceo the fact that Waite got on the car on
commercial street at noon because he was
on the car at the time and saw Waite
board 1t at this point where he was not
accustomed o board it.
On December 10Th there was a fire early
in the morning in the Franklin block.
There Is no evidence on this case about
the time of this fire, but it was an early
morning fire. Waite and his wife have
told you that he was at home that morn
ing and they remembered the date be-
cause they were to entertain company
that day.
The Salvation Army block fire has been
mol pressed
On the morning of December 81 there
was fire in the Rines block, for which
still alarm was given at 6.45 a. m. Waite
and his wife tell you that he was at home
rhQt Tnnrninv fnpE hrQq fUSt nSnal
got the utensils ready for doing the fami
~ washing and then came into Portland
at eight O'Clock.
Now" said Mr.. Heckbert, ''we must
recollect also that on the morning of De-
cember 21st and 22d, Mr.. and Mrs. Green
law heard nothing in the upper tenement
to show that the Waite family was NOV
ing about. Greenlaw left the house at
$50 and the fire occurred at 6.45 on De-
cember 21st. And this applies to the
22d also. And the government has failed
to show you .one single fact which will
tend to implicate Waite. And if we
have shown you that Waite was at
Knightville at Z O'Clock on the morning
of December 18th, what becomes of the,
confession? For these two fires on Deem
Der 18th was particularly mentioned in.
this confession. And you have seen that
he was at home when the noon fire &C.
CURED on that day.
On December % Waite did not get up
until his usual hour. When he came over
ON the car he left it at Temple stree and
remarked at the time that there was a
fire Oh that street. Wait was seen at that
fire and this was his great misfortune.
If you had been at that fire you might
have been suspected of this fire. He was
seen there by several people and he him
self admits he was there.
CHOW the government knew that Waite
%rn kho wiz KnirbtuiJlQ g
and got to Temple street at $50. Con-
ductor Gushing who said Waite came
over on this car at 81 o'clock, was sum-,
moned here by the government, but
when they found out what he had to say
they didn't put him on the stand.
'sNow Chief Eldridge says he saw Waite,
at this fire by 745 Then he says it was
''But Fireman Miles is sure that he
saw Waite at the fire at 7.30. He became
acquainted with Waite first when he
talked with him about the protective fire
patrol, SO he says, ana we have shown
you this matter was not talked about by
Waite until after that fire. And this
shows how little Miles knew of what he
was talking about. Then Fireman.
o Rourke identified Waite and said he,
was there at 7.30 O'Clock. And o. Rourke
identified him more clearly by saying
that he wore a long ulster on that day.
And he was SO sure that it WAS Waite
because he never saw Waite dressed in.
any other r way even in the very hot pa
rade of the Knights of Pythias, on July.
9th. The police officers Quinn, Pickett
and Jones came here and say they saw
Waite at the fire at 7.30, and they testi-
fed to this when all hope of the govern I
1nent is gone.
CHOW the time table of the Cape road
shows that only two cars came into
hot nd hot Of 10,
very early. and we have put the conduc-
tors of these cars on this stand and they
| have shown that Waite did not ride into
| Portland with them on these trips.
1.-The fro department men were not
aware of the swift flight of time during
the excitement of that fire. When so great
| and good a man as Deputy Sheriff
| Hawkes. could be SO mistaken as to the
| identity of the person he saw at the Oak
street fire, how much easier it would be
| for those men to be mistaken about see
| ing Waite at the Congress hall fire on
December 22d. They could not have seen
him there because he was not there. We
have proved he was not there and that
he could not have set this fire, and the
government has failed to show you that
he did do it.
| "And turning back again to December
18th Motorman Smith says Waite came
| into Portland with him at o'clock that
morning.
"On December 3lst there was fire in
the Cumberland National bank at 72O
O'Clock. We have shown you where
Waite was on that Thursday night. Mr..
Strout and Mr.. Bradford tell you that
they saw Waite at Bayard hall that
night as early as 7.25. And we have
shown you that Waite was at Bayard
lodge all the evening. And in regard
to that fire the state has failed to show
you that my client set this fire and we
have shown you that he could not have
been there.
1.-THE fire on June 9Th is thrown out
of this case. My client showed that he
was at that time at Boothbay Harbor.
| CHOW the fire in the Cushnan block
occurred June 18th. On that day Waite
came to my Office about 10 O'Clock in
the morning and then went home and at
3 o'clock he went to Falmouth Foreside
with his wife.
"We have something else to tell you
about this fire. Shortly before this fire
was discovered by any of the flremen or
the people on Congress street, man
came into the Machigonne engine house
and told the aged Mr.. Porter about that
fire. This man was dressed in light