The Portland daily press., 1901-02-18


opinion that witness Wright must have
been In error that he saw the Sprague
woman ct about $50 aud his evidence
therefore not valid.
The jury had the right TO give the testi-
mony OF the accused man all the weight
it deserved. There was ample opportu-
nifty for the commission OF the crime ac-
cording to the claim OF this stats even II
the testimony as TO the time when the
accused returned to his home, be true.
The claim of the state is that motive
arose from the alleged criminal relations
OF the accused with the Sprague woman
and that the commission OF the crime
was assumed to result from this Inc
position of the state was that the reia-
tion OF the ncoused man with the
SpraGus woman, his eff orts 10 secure
home for her whom she was In distress,
showed concluslvely that her condition
was a result OF their relations. The
jury must be satisfied that not only the
accused, but also the other witnesses who
corroborated his testimony told the
truth. The claim OF the state was tina
the blood-stained cross rail came from
the respondents cart and that the taxing
Of the cart Co Shapieigh was for the pur-
pose OF covering up evidences of th g
crime; the defence maintained that the
cross-rail did not come from the respon-
dent's cart, and that the trip to Shapleigh
was made in pursuance Of the ordinary
course Of business The tracks found on
MAY /. leading from the scene OF the
crime should or should not have bear
Ing On the case according TO whether the
evidence surrounding these footprints
seems to indicate connection with the
commission OF the crime or whether they
marked the route taken by some traveller.
Ths opinion OF Prof Angel that the
stains on the knife were made hy human
blood, might or might not have bear
ing in view of the testimony OF the wife
and sister Of the defendant that hs did
not have the knife on the morning. The
defendant gave no nt,mation at the
coIoner's jury that he did not have the
kuifs at ths time he visited the Pond
pasture. The state held this to be In
eliminating; the defenss held that the
prisoner answered all questions asked
him, but volunteered no Information.
What were the facts with reference to
the patches on the trousers worn by the
defendant to the Pond pastureP We're
the repairs made fer the purpose OF COW
ering up blood stains, or were they made
necessary from usagesr The position
ana appearances of the patches would
lead to a decision. The evidence of Fred
die Suracue, the little son OF the MUIR
dered woman, should be- subjected to test
to determine the keenness of memory /
and whether the child was morally |
responsible. The susceptibility OF the |
child to impressions should be taken into |
consideration, as should also the contra
dic!ory statements made not only on the |
stand, but to three witnesses, who testi- I
lied thereto. ANY statement by the de.
fendant made outside contradictory TO
that made in court may be received as
an admission against the defendant.
According to the defendant he has
given every aid within his power to
assist in the prosecution of the case.
Tns state maintains that he gave only
such aid as he could not conceal or that
which he thought would not be of ma
terlal evidence against him.
Closing, Judge Powers gave to the
jury a few words OF instruction, advis-
ing them that It was their duty 10 re
turn vsr1ict which would represent
their most mature convictions.