Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-05-11
ARGUMENT FOR DEFENCE
Made in Eastman Tria! and Case viii Go TO
Jury, Today.

chaiSo ~ EdStHldil murder his
brotherin-law, Richard II. Grogan
on July 4. 1900" began. Friday morn
ing. with the argument of Eastm1n's
own counsel. Samuel j. Elder. who
took the negative side of the question
He was followed later in the day by
Attorney Gen. Hosea M. Knowlton
who in behalf of the government. sun-
ported the affirmative.
The court room was crowded with
members Of the bar and spectators. Mr.
Elder began by briefly recounting tn,
shooting and said that the governmen,
felt that the circumstances warranted
ii in going further and broadening out
on the theory that it was not an acct.
dent but murder. At the outset he
said 1t was extraordinary that the gov
eminent at the trial had advanced ne
theory nor made no eXplana ton on this
vital point. Mr.. Elder said there were
five principal grounds on which the
government will ask the jury to return
verdict of guilty in this case These
were:
1-By reason Of the alleged threats
sworn to by John Grogan.
2-The Defendants actions and words
at the time and imme latery after the
shooting.
3-That Grogan was killed by cen
ter fir" bullet from a center fire revol-
yer which cannot be fired b. accident
and only by design.
THAT Eastman did not tell the po-
lice the Whole story Immediately afacr
tho shooting
5-That Eastman has always believed
and has always said that Grogan was
shot by bullet from the rim-frc re-
Vulvor
In answer TO the first point Mr.. ST.
der bitterly arraigned JOHN Grogan ana
MS testimony. claiming that the alleg-
ed alteration in the office Of the sta
nlc in November previous to the shoot
ing was an invention and did not rise
higher than the bar room surroundings
Of John Grugan's own youth. He said
IT could not possibly have happened
because Eastman ana Grogan We're on
good terms At that time and that Gro
San had jU-t given a present to East
nf man. Mr.. Elder refuted other parts
# John GroG2n's testimony which he
claimed WAS entirely without weight
ana given onlv i'll Z spirit of vindica-
ton ana revenge.
IS to Mrs. Groran's testimony. that
E.a sDman had said that Crogan's days
We're numbered. the government the
cry was that Eastman AZ the time was
plotting Tor tirogln's de2th. Nj. Elder
oeil,d the jury If il seemed rtesor4hle
,h"f III vv'4n W.t plotting f.r H0-
-ttrr's Ieath vurl1 Tui-ii,Iy ID lie
sJcI % statement week. before he
h.lcd him
Taking IN me second contention as
M the defend ants Rats at tG. time ar
tlr shouting ana immad."t-l .fter.
t'r Flder e1id that il naa the rot ern-
merCS claim that the shooting WIS in
teatioaal and dei'parate. but the evil
deuce shows that after the scuhlr
Eastman picked up the nIt revn'ver
n hich was loaded end then hal m or
y '~tunity of finishing the work II he
W. mo-! T. Kill Grogan. Had he been Q
murderer he would have looked about
Instantly To zee if M had been noticed
vet there are Wltnt sses who say that
he seemed dazed and that he looked
on the ground.
Il submit" said Mr. Elder IF there
VS. no other evidence in this case that
that alone N0,;id show that IT was not
nlufdof
Te \, I'M r. halit,aa -hat uian tf-
~. pfs siug th-ouEr sr.u F" tv.t .ig
struggle would be able to tell con
nected story" asked Mr.. Elder.
Taking up the third contention that
the shooting WAS done with Il center
~.
jury that it was easy to discharge Z
co-cal,ed safety revolver by convul-
sive clasp OF the handle. He also Illus
tGatCd how it was possible for two men
10 have a struggle and when one man
getting hold Of the handle should
wrench il away the revolver might so
off as he did 50.
Crogan thought he was hit when the
rim fire revolver went off, said Mr.
Elder and through a scene of reSis
lance and and resentment which is IN
dictinct. turned his revolver on East
man. The struggle then ensued ant
resulted in the center fire revolver so
ing oft Just as they broke apart. re-
may have been within four feet of on
another then and Mr.. Elder claimed
that the experiments conducted By th'
defense showed that AZ inches is thu
limit Of the carrying power Of powdel
marks. He denied the government
contention that it was at six feet anC
sad that the experiments by the gov
eminent were not carefully conducted
After the recess NIr. Elder took VI
the fourth contention that the govern
ment believes Eastman guilty because
he did not tell the officers of the StruS-
gle Immediately after the shooting Mr.
Elder claimed that there was no rea
conccaIment by Eastman and no mis-
statement. The officers found traces o
the struggle before Eastman made NJ!
first statement to them and ne was
about to tell of that part of the aifall
when the sudden going out of the che
nf police interrupted his story ana ne
did not take il I'D again at that point
l,c re-dily admitted the struggle whei
asked about it later.
Regarding the fifth contention tina
! I1..st5,}qrf has always believed tina
! (r.oran was shot by 4 rim fire bullet
| NY. Elder said that Grogan himsel
| s1id ina: TIE h1d been shot twice b,
! Eastman ana that Eastman said ina
| Ne acted SIS if Re had been Ghot Whei
| the cd rim fire revolver went off.
air. Elder illustrated to the jury hov
F.! 1t war impos sible for man STANDING
! eight feet away to have fred 2 sho
/ inf. Grogan's body which took
! slightly downward course. 81 testifie'