The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-10-04

| 1t is the duty OF the government to prove
| the respondent is guilty beyond a reason
able doubt and am sure we have SO con-
ylhceu YOU, 1t Is rule of law that the
SeaSe siiali prove the respondents guilt
peyonu ooubt but it is also a rule of law
=; ;na IT.. wen me defense puts up an alibi 1t
10 dss auty to prove 1t by q preponder-
ahce OF evidence. The defense agreed
s snaC tne respondent did not sign this
atleSeu confession voluntarily but to
oploin sum of money which the defense
claims was promised to Waite. We claim
onao Gnls money was never promised him
ana 10 CID not influence him in his acts.
Inc county attorney went on to speak
VI gne various fires which had occurred
on the various dates in December. He
SAID that after these fires no more occurred
until June 18th, 1897, and then time and
again the department. was.called out to ex-
anguish fires. But unless the evidenc
proves to you that Waite set these fires
you must bring in q verdict of not guilty.
The counsel for the defense quoted me
quite copiously in the beginning OF this
case In regard to what said about the
nres being caused by one and the same
person and that these fires were of a
similar nature. We claim now that such
was the case. The defense claimed it
would prove that Firemen O'Rouke and
Miles falsifed on the stand. Has he done
so. Has he kept his part of the contraotY
Have kept mine?
Tense and then the evidence for the State.
The defense told you that Waite took the
stand and told you frankly what &C.
CURED between himself and Brady and
Prichard. Did he tell you frankly what
took place In that room of the Preble
house9 l argue that nothing will differ SO
much in evidence in any case as time and
n Jntz II .k~--A -
The defense told you that Waite could
not have set the fire in the Clapp block
on December 18th because he was shovel
ling snow in Knightville. Many wit
nesses testified to that but these witness
es were mistaken. And the fact that Mr..
and Mrs. Greenlaw heard no disturban
in the Waite tenement above is no evil
dence that Waite was in that tenement.
We claim that Waite had time on the
morning of December 18th and had time
to get back home and shovel snow at
1880 o'clock.
Now about the girl from Bath who said
she saw Waite at knightville at noon of
the 18th. She. sale. she got there at -. rs.
l leave 1T to you il she had come right up
town on an electric car If she would not
have seen the fire department. in Monu-
ment Square and remein bered that fact
we'll. but she didn't remember anything
about 1t and 1t must have been some other
date when she came here.
The State claims that the respondent
set II fires in Portland and Waite has
also said that he set these fires But
there are tive fires In particular which
Waite enumerates in his confession and
block on Middle street, the Clapp block
on Congress street, the Thompson fruit
store fire, the Harrington block fire and
the Congress hall fire. Before | get
through | will show you by circum-
stantial evidence that Waite set
one fire and you can SO determine from
the evidence given you outside of the con-
fession.
1t it was my province to pity I should
pity Mrs. Waite whom I have watched
carefully through this case. But pity
Will not quench the red tongued fame OF
fire. She testifies that Waite was at home
with her on certain dates but, gentlemen,
she was mistaken. I know that it will
make no difference to you whether Waite
belonged to the X. of P's or not.
In Bangor Waite asked Brady if he
would set fire to a building with people
in it. has this any significance to you
Doesn' t it apply pretty we'll to the Oak
street church fire. He asked Brady If he
ever set tire with a candlel Couldn't he
have set. thu. Oak. street fire with a candle
and kerosene oil The State admits the
Gal ~ VI VoAuO lOl u 0AO lOtl. lG was dL
Longfellow Lodge at $40 o'clock But
where was he from 6 O'Clock until 8? He
set that fire i'll the Oak street church before
8 O'Clock by putting a candle in a barrel
and this started the fire after o'clock,
Deputy Sheriff Hawkes. did not say he saw
Waite at that fire and neither I nor my
| brother could get him to say so.
Now as to Decem Der 22d, 1896. Waite
and his wife testified that he was at home
| from o olock until eight O'Clock. He
said he came into the city on the $40 car
and got here at $50. He said he WASH t
at the fire on Temple street until s. that
morning and yet Miles and o Rourke said
they So y him there at 7.80 And besides
this officers Pickett, Jones, and Quinn
saw him there at that fire. The defense
argue that these persons lied. Some one
is lying. The States witnesses couldn t
be mistaken, there is no chance for it. Is
Waite the only man in this case who has
told you the truth and has everyone else
but him lied?
Deputy Hartnett was in the Congress
hall block at o'clock and q little while
later the fire broke out. And Waite was
| seen at this fire. Why did he tell an IN
truth about his being at that fire if he
didn't set it. Was ne so near this fire
when the flames broke out that he didn t
| have chance to get away from that
building. The state claims that Waite
was at chat fire and took a car back tc
Knightville in time to come into Port.
| land again at 8. 3d.
The defense argued to you that if Waite
didn't set one fire he didn't set any. The
State may just as well argue that if We
prove he set one fire he set them all.
He got badge of the fire department
from Chief Eldridge for the purpose OF
taking photographs of these fires blu,
where are the pictures which he took
A significant fact is that Waite kept ava,
from fires instead of getting there to take
she pictures.
| Where was Waite on June l4thf
Witnesses have said he was at South
Portland at o'clock and took the car
from there at that place and got to Monu
ment Square at 1870, But II, he had taker
car from South Portland at ono o clock
he wouldn't have got into Monumen
square until l.42 and SO he couldn't hav,
taken the car for the hill at 1.45 as W,
have shown you that he did and as he ha
told you that he did. And he didn't visi
photographer Fessenden on that day /
he did that and took the Las car. Tn
witnesses in this case were mistaken an,
waite got in here from South Portland a
1;5o o clock and had time to go into tn
harrington block and set this fire which
| hTnEQ ~