Daily Kennebec journal., 1901-11-14
TO THE LAW COURT.
The TheriauIt Murder Case Is
Not Yet Settled.
Counsel Moves to Set Aside Verdict,
Which IS 0verruIed.
An Appeal Is Taken and Matter Will Go 10
the FlI! Berch.


rio murder trial are not BY any means
Satisfied with tie verdict against their
..li,rlt. ana tfe matter viii BE- tax III
NJ on appeal t3 tie full b,uch.
Their plan of filing motion To set
ia the verdict. aS announced to Tho
As~", lated Press rcpr.sr ntativc immc-
ditt"ly after the verdict WAS aban-
d'ncd later in the afternoon. ana il
MAS though; that they would allow
sentence 10 be imposed ana carry the
matter rcf"r" tn" Governor and coun-
Ill, but. this morning. they decided to
return I" their first policy. and when
IL" prisoner was brought in fnr son
t"n"c. Mr. Nor"y presented Il mutiun
that Tie yctli,.t hr set asidc us u. ing
against evidence and against the
cighi If evidence.
1t is hardly net "sSary. II" said in
~ cours" At his remarks. ''to W ("
upon tn" court III" immense Importance
If the iSSu" of This ease to the r.
Spuud"ni | am satisfied that IN" YER
di,.I Of lhn jury was based upon III"
photographs introduced by Dr Whit
H.. -
nl.croScopic examination Of metals las
figured in criminal trial. and such
evidence. when mans lif" is AT
take. should he most thoroughly SCI u
tirized. Til" statements of Dr. t1cNe-
'eind. Dr. Dascomhc and Or. WadS-
worth We're just as positive rs those 81
~. Whittier. 1t is my wish that :Il|
th. shells in the case which have been
examined by the experts, b. placed in
tho custody of some reliable person
ara Sent to the most able professors
III our colleges and universities for fur
th-r Xamination. If they find the
same marks as the States experts. the
defence will allow the verdict 70 stand.
II not. We insist that ii should be ct
aside
County Attorney Cover in nlunsi-
tion To the motion. said in suhstant".
The ground upon which the drfeuc"
seek for new trial is in reality. that
ih-y have discovered. or hope to dis
cover new evidence. The evidence is
nc; III this character They have had
ample. opportunity for fun investiga-
tirn earlier in The trial, and it is not
now open to them 10 go into il farther.
The reason why pr. Whittier dis
covered what the others could not is
:,pparent. He gave The matter is
careful ana conscientious study f"r
long period of time. and had oppnr-
;uritr tn detect differences pr.
Clputicr. not knowing what shells ne
v;s examining. c"rr"horated pr Whit
tier in every instance.
'-Th" experts for The defence. On to
other hand. did not make Such a thor
uugh examination. and il is MT I" he
cxpected that they could discover
those things.
'.'rhe counsel for defence cannot
claim a surprise. They have had am
III. opportunity to investigate all they
chose. The jury gave the matter thfr T.
,uyh and careful considerations ! can
sec. no reaSOn for granting The motl'n n
The expense has been enormous. Inc
prisoner has had a fair. impartial ulu.
II seems. in view of all these facts.
that justice does not require new
trial
JIdge Emery. in overruing the mo-
tion. said briefly:
MY duty is clear. The State pro
duccd abundant evidence. If true. l"
warrant h conviction. The jury have
said that it is true. am not Going L"
50, III, my judgment against tf"s" T.
men ard may say that on the whole |
concur with them. After . remarkablE
.lou,ent plea by Mr.. McGillicuddy. the
.nast ever heard III a court of justice
IN, irrv has decided against the re-
spcndent. | will not take the rcspon*'-
h!lity Of setting thcir verdict ASIDE. !
n.rcforc ovcrrule the notion.
Al appeal was Immediately taken hV
Mr.. Norcy, and the case Will probably
De heard at the December term Of ~"
law conf. Thr exhibits in the case
y...r. loft in til" custody of the cleiN.
either sid" to be allowed the priNiieEt'
Of examination III the presence OF "r-
posin2 counsel.
Terrjo was allowed 70 see his family
in 4 room adjoining the courtroom. hr-
foro being remainaed To Jail. His p-H-
feet self control which has kept him ~
through tn" entire trial. CNcI when the
ynr,tirt was announced. failed him
when he reached this point ana h
gave way u 4 prolonged iii of srnhing,
IL which hiy wife ana children Joined
He stor1tlv maintains his innocence.
ana 1S"1IS tl'tl - 'SiiiS ~ "N''-
abused.
1T is an outrage said Mr.. MorrN.
his counsel in an interview with tue
Journal representative. The sentiment
Of ncai.l. everyone VINO listened 10 the
ease outside Of the jury and the state
officials was for arquittal. Ne sHau
bn,7 a thorough. inv astigation Of these
microscopic marks made by the best
scientific man to re obtained in the
state and II their examination sustainS
our theory. we shall ask for a new trial
upon the ground of newly discovered
evidence. These "Nl,Arts for the stat"
have allowed theii enthusiasm 10 cArry
them aVnV Imagination will do nucn
N tia investigation Of men.
"Tr w.. fail in chs We shall ask for a
rardor III the hands Of the Governor
ana C.urril. our client is innocent "i
This crime and We shall leave no stone
,,2turnnd to free, him from the charge.
william II. Mitchell. tne Mair" Central
statinn asant at Rocki;tnd has been
,rtnsfarr4d to Newuort. where he will
hnv, :, similar position. He will b" sue
ceod.d hv an agent from the Mountain
division