Daily Kennebec journal., 1901-05-06
DEFENCE OUTLINED.
Counsel Bartlett Concludes
Opening Address for Eastman.
Admits There Was Struggle, but
Eastman Doesn't Know Details.
Owing to Fright and Horror Shooting Then
Took Place but Was Accidental.

Boston. May 5.-The second week Of
the Eastman trial ended at l O'Clock
Saturday.
Charles w. Bartlett concluded his
opening address to the jury in behalf
OF the defendant Eastmans claims
concerning the tragedy We're outlined
The defendant admits here was n
struggle. but does not know just what
occurred during that struggle. he was
50 frightened. so Mortified at the time.
During the contention Grogan's pearl
handled revolver was shot off
The place of the shooting-the broth
ers-ln-law We're going back and forth
through the gate connecting the hem
yards-the defense has stated nothing
more definite.
The profrered explanation of the two
empty L shells found after the killing
in the old rim fire revolver. is that the
old weapon originally contained two
loaded cartridges: that the def.nda mt
fired one out Of a window of his own
house at noon: that the other was ex-
ploded accidentally late in the after
noon in the henyard.
Eastman declared that he and Gro
gan We're warm friends up TO the hour
of death: that there was no envy. no
jealousy
Mr.. Bartlett. referring To the "A cali
bre weapon. accounted for the one
loaded shell therein by indicating that
the defendant inserted that one and
then stopped loading. because Grogan
compla aincd Of the noise the big gun
mace. Government witnesses have
=, th.t IL ha Ia >,
had in his hand when he followed Gro
gan from the barnyard. Mr.. Bartlett
described the revolver in question only
as the gun" which was laid down by
the defendant in the chair on the en-
bankment.
Eastman's assigned reason for leav-
ing the races so early on the afternoon
Of the Fourth was that the glare on
the water affected his eyes. Grogan
followed him home; not word about
his urging Grogan to return.
The defense did not entirely drop the
Murray Bullet. The clam was that
Col. Diamond of Lowell. expert for
Eastman. was shown a bullet by Muir
ray in October. that Diamond made n
private mark on it, and cannot now.
with the naked eye" find that mark.
Joseph Willard. lawyer. executor Of
the Clark estate, testified concerning
negotiations for the lens factory.
DR., Robert =. Bigelnw. instructor of
biology at NJ, I. T.. Byron S. IITlburt.
recording secretary of Harvard college,
both testified as to the relations of the
brofhers-in-law, rs obs e.ved.
Mr.. John NJ. Croker, family physi-
clan of the Clarks and Eastmans and
GrOgans. repeated what the defendant
said on the night of the Fourth. and
expressed few opinions concerning
the mental condition of Eastman that
evening. The attorney general asked
this witness 4 few pertinent questions.
The testimony before the grand jury
made it's first appearance in cross
examination at this point.
1t was announced that Eastman
would take the witness stand in per-
son in this trial When he does so he
may expect a stream of questions from
the attorney general. with their foun-
tain head lying in the stenographic
report of the grand jury proceedings.
knights, the juror who was under
the weather. and Grant. the juror who
had the chill. Friday. We're on deck.
Yesterday in fair condition.