Daily Kennebec journal., 1900-12-21
n his closing argument. Mr.. Drury be-

In his closing argument, Mr.. Drury be-
gan:
Il shall not throw at you any rhetor-
zeal bouquets A case is not to be won
before you except by fact and truth. |
have tried to make a careful study of
the constitution and statutes of Maine.
You are the highest court of the State.
In appealing to You ! appeal to honor,
20 truth, to the conscience of the State. In
YOU is reposed the conscience, truth and
Justice of the State. All | ask of you is
that you consider this case in the right
spirit. occupying position too high to
he influenced by nothing but truth and
justice.
..It is not necessary for me | hope to
ATTEMPT to remove any prejudice from
vour minds. but | know that if you are
free from prejudice. this case will win 1t
self This case has been woefully misun-
derstood and has been filed with preju-
dice that has been almost universal.
eff there is anything more prominent
in the constitution of Maine it is the mt
ness of the jurists and incompetency OF
the Judges in determining a question OF
fact A trial by jury is carefully guar
antced. And in your laws | see tnat a
presiding justice shall not express an
oninion of fact thus showing the higher
ability of the jurist in a question OF
fact"
Mr.. Drury said that in this case. a yer
aict of guilty was returned. which by an
ordinary jnry would not have been held
Nv the Jury for ten minutes. lie said
that these prisoners We're men of bad
hy himself eor somebody else. These were
the two facts established by the prosec"-
tion From these it does not follow that
these men were guilty of murder
have prepared brief which nope the
council will read. | prepared II peiort
much important evidence was OBTAINED
and its force should be multiplied Dy
three.
| .you are considering. gentlemen, VIVA
| ! believe to he the most remarkapie case
| in criminal jurisprudence. 1t requires
| ,our most careful consideration with he
prejudice.
| ..rbis case was started upon what "aS
called the confession of one Charles stan
and it was thought to be SO refiarNapi'
and extraordinary that 1t must De true
Rut if was so remarkable that II mus
he untrue a son accusing ms father any
| lbrother-in-law of murder. The similar
INV Of his description of the ROBBERY .
tba winthrop bank should nave polhte'
n rho fact that his story was untrue
.Tbe opinion of the full court says ina
lcar,as Stains story was the key whic
| 80, tho chambers of this crime.
,rr Drury then spoke of the identihca
l.;or Of stain and Cromwell by dlftereh
orsons and then came to the b. :. san
-, r.ceint THE belief that the B.
Corhorn receipt was false turned III
;,r,, to a verdict. After the argument
,ora half over the prosecution of1cred III
roonted letters from Stain TO MS oausn
,s fate would have it, to anyone bu
,nort the handwriting of Stain dl
seem almost the same as that ol TIE
o;n+ This fact lifted the foS that eh'c'
onad the case and seemed 10 punt
,.osa men as murderers ana was III
oroat influence that brought ABOUT 'ei
.io+ Won have the testimony Oh i've
the Jury to this fact. .
..ifter that man Mitchell mad 1oah
,ho faIseness of the Winthrop stor
70 work on the Dexter case. II
CIeaves he found woman Jus
cuited to his wants. On 'he "i'ei ',oo
10 so-called murder she met
I,tranper. He had his face al ihuiiieu =
nd he gave her look so strange 'iia
.,,,,,od her and she dropped her pun
painq shown two photographs, sh
:ad tbem closely and said she wa