Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-09-25

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ihl:cted upon Iarnham. causinc or
con triLutlns IL amy de.;les ia his
death. The government ana d.ren 4
afIee that tGinhan cane Z, his
ceath Ly an overdose OF alcohol HAN
did f'arnham happen to take this ove~-
dose Of alcohol? If one man cornna;s
another to drink liquor against his
will by pouring down his throst for
Instance. that man is responsible NOT
( for nanslaughter. but for murder
! because he's infringing on the rights
OF personal Liberty. Farnham did not
take The drinks against his will hut
voluntarily. 1t matters no, how m2uv
drinks We're taken. Farnham's viii
was not constrained or Ec was not
forced to drink. Shall this yo,:nc M. n
be indicted for the criminal crime 81
granddaughter when the golcrn1na.l.
mas NOT produced q single Witness
vino said that Farnham did not drink
voluntarily. The government ccr-
tends thdt Farnham was mentally
weak. Ike government does not
clam that he was not endowed WiIn
some intoilett. He was Intelligent
enough To care for an uncle who had
become an hahitual drunkard-.o
realize and appreciate the meaning of
drunkenness. And the salactmen Cf
the town Of Windsor called upon Fred
Farnham as to the appointment OF a
guardian for his uncle. FarnhaT!
said no" and the selectmen took his
advice. Farnham was called upon Nv
the s"le"tinen because they knew ; g
was not fool Farnham krew tie
effects of Intoxicating liquo. as wei
as anybody in this country ny his
uncle was an habitual drirher ind
Farnham cared for him. And Farm
ham himself had drank. Even tn.
testimony Of a government wi.n1ss
shows that he had hard cider drink
ing boat ut one time Farnham drank
nearly Quart Of cider at one guicA,
50 To speak. which does NOT show
that Farnh2m was not used to liquor
And tho same government Witne s
t slified that he saw arnham take
one link Ut hard liquor. And it was
brought ont in testimony that one
lftoIuGon Farnham got ~ drunk On
f4,d cider tist nc fell and was obliged
t. De laiG away. When Fret: Farm
ham took strong drink he knew what
tie consequence would be. I'lyyo1
and F@rnham met by acciden. in front
ot tEe M,tT,nch saiocn. Payson in
vitcl Farnham to drink. Farnham III
fist held back, saving tAat he had rs
money to rcIiprOCate. PaysGn SAID
h. would 10 = for the dIiuks an
FarnhunI drank. Tho fact that Fam
nam stated that he had no money II
return tie treats shows that he knew
TIE C0uItes.cs and customs of baI-
rooms No one forced Farnham T.
drink. Every witness says that Farm
ham drank Of his own volition. The
testimony Of the government shows
that after Farnham had taken drink
ne remarked that it tasted good. Pay
son showed signs Of intoxication viii e
Farnhan apparently was sober in tie
McClanch saloon after the several
drinks had been taken. Suppose
I'arnham in an intoxicated condition
had killed a man. Would anyone else
but Farnham be responsible for that
death? There is no such a thing IS
ovcr-persua sion known to the Law.
When boy Of Il years carri flask
OF lio,lor in his inside coat pocket. he
is not liable to refuse to drink when
invited by anyone.
At 3.10 o'clock Counsel Became began
his closing in behalf of McClench- At
the outset he thanked the jury for the
patience that it manifested from the
hacinning of the trial. He argued that
If the Jury found that Payson was not
gtlilty Of the charge of manslaugntef
Il could not find McClench guilty. Thesc
men are not being tried for their moral
charac ter. -McClench is not being tried
for selling liquor. but the killing ara
Shaving of a human life. McClehch
M not believe that Payson had any
evil intent against Farnham. IN re
has not single act been shown that
arv connection occurred on the hiSht
in question between Payson ana Nc
t'lench. The only thing as shown ny
Tho testimony is that Mcc1ench IS gull
~ of selling the liquor. After the men
,aft the saloon and as they were on tAc
sidewalk McClench told PaEsoh ana
Earnham that trey we've fools ana ~
better go home When Mcflencn hcafn
~ the condition ana position Of young
E-crnham he went to the High sch"o.
Yard where Farnham was lying on
come hay and tenderiy and cafelui'y
four men, including MrcIench, ,ook
Earnham t. the fed Whert ne was
found with no thought mat haf m
,..n,,Id come to him ard bell that
v;,hin a few hours he would recover
from his stupOr.
Attorney Heane closed at 3"3 an"
COUNTY Attorney Leigh began his
closing argument in behalf OF the
r+ote. .ar Leigh said in part; Fred
erick Farnham now lies dead, due To
tba unlawful acts Of these two resp md
an,s The defence claimed that III the
town of Windsor Farnham was iii ne
babit Of drinking Intoxicating li4Nor.
VISIT < the evidence 10 substan Iate
ti,is contention nf the defence! FIRST
+lc-a is John Dougee. who testified
t,,t Tsrnham drank a quart of OF!
...t., Iii ut che drink. This surely
seems p:epasterous. Janotaan L'r;f /
1,.- nc wife ana brother. tes.if & tAat
IT, brother Suggested that they have
entre nd cider and Jona than could n't
,ernenter whether he. drank ANYTHING
- ,,.. on that forenoon. Gul H1i re