The Portland daily press., 1897-05-20
John |. Best and His Foreman viii.
liam Gum Not Guilty.
END OF THE MAY TERMS MOST
INTERESTING CASE.
The Jury Out Forty Minutes-Several
More of the Counts MOL Pressed at the
County Attorneys Request Before
Judge Bonney Began His Charge.

Judge Bonney Began His Charge.
''Not guilty. That was the jury's
verdict on each count of the ind ictment
charging John L. Best and William Gum
with holding for sale as human food meat
of cattle affected with tuberculosis. The
Court, yesterday forenoon, the jury being
out forty minutes.
At the opening of the morning session
of court, County Attorney Libby asked
that several counts in the Indictment
that were in reality duplicates be mol
and in place of the original thirty seven
counts, twenty nine remained.
Judge Bonney's charge occupied an
hour. He briefly reviewed the evidence
in the case and instructed the jury in the
points of law involved. He explained
that the real question at issue was wheth-
er any of the meat of the condemned cat
tile was held by the respondents for
human food, and whether the load OF
meat transported from Mr.. Best's slaugh-
ter house in Scarboro to his store in
Portland, concerning which McDermott
testified, was taken from the Libby herd
or from other cattle which Mr.. Best had
purchased for the market. 1t was in
cumbent upon the state to prove beyond
reasonable doubt that meat from the
diseased herd was actually held for sale
for human food.
Pafn ,-,.iy, fn ha al, Of several
former employees of Mr.. Best, the Court
said, in substance, that the non-appear-
ance of those men was fact in evidence,
but that the jury was not to assume what
their testimony would be if they had tes-
titled at the trial.
The jury retired at 1890 and returned
at 10 with verdict of acquittal on all
of the twenty nine co UNITS.
The two respondents and their counsel,
Gen. G. P. Mattocks, were recipients of
much congratulation from court room
spectators at the outcome of the trial.
Members of the families of the respon-
dents seemed especially gratified at the
happy clearing up of the case.
This was the concluding criminal trial
of the term. Sentences ON convicted pris-
oners will be imposed by Judge Bonney
today.
The two respondents, Mr.. Best and Mr..
Gum were apparently deeply affected
while these proceedings were being had
There has seldom been SO great a change
in public sentiment as occurred yesterday
upon the street. For months, owing to
the silence of Mr.. Best and his counsel,
the public has been inclined to believe
that the respondents were guilty. They
have waited patiently until the day of
trial and then placed themselves without
delays or bubbles before the jury, Not
withstanding the Importance of the case
the counsellor the defense did not exercise
his right to examine each juror to have
him discharged in case it should be found
that he had formed an opinion as to their
guilt, nor did the counsel exercise his
right Of peremptory challenge.
Gen. Mattocks stated in his closing
argument for the defence that the reason
he had refused to exercise his right of
challenge or to examine any jury man
was because he wished it to be said that
his clients were not afraid to go before
jury as the names might be drawn from
the box. The sequel proved that the risk
was not great. Considering the enormity
of che offence and the length of the in
dictment, the jury seemed but a little
time in arriving at conclusion.
Eddie J. Gerrish of Otisfield, paid fine
and costs on an Indictment for nuisance
$272. 80.
charged.
All parties who have not given bail
must be in court Thursday morning or
capais willissue against them for their
arrest.
Prisoners at this term will be sentenced
this Thursday morning.