The Providence news. (Providence [R.I.]) 1891-1906, 1901-05-03
CROCAN KILLED
BY AN ACCIDENT.
That is The Defence Outlined by COun-
sci After The Prosecution Rested
lis Case Today.

Cambridge Mass, May Sat the OPEN
ing Of todays session of the Eastman
murder trial, Judge Gaskill as presiding
justice, in very concise opinion decided
TO exclude the testimony OF the defendant
before the grand jury which indicted him.
The government sought to introduce this
testimony
Immediately after announcement OF the
courts decision Attorney General knowl-
ton stated that the government rested
it's case at this point. A recess OF IS min
ues was declared 70 give the defence an
opportunity TO prepare itself for the open
ing.
The opinion OF the court rendered by
Judge Gaskill was plain and concise. He
said that after the defendant had been
discharged I'm the lower coudt the gov
erninent thought to Investigate the ques-
tion OF whether he should be compelled
10 stand trial The question was sub
mitted 10 the grand Jury, which had the
right "a pass upon the guilt or innocence
OF the man and not 10 find probable cause.
BEFORE that body. caield with the cvi-
dent purpose OF hnding an Indictment
the defendant was compelled to appear
5n- the purpose OF tes'iiyiue He was
tlieri iinder compilation ana had the al
tentative OF one or two courses. either
decline 10 testify on the grouiid that nc
might incslminate himself. or 90 testi-
~. In the event of his choosing the for
mer, II could not have rsiied 20 have had
its influence with the grand jury which
was there 10 indlct him.
The court said that In excluding the
testimony II conforfned with the unvary-
ing practice OF the commonwealth Tor
over 100 years. lie said that while both
of the Judges were district ATTORNEYS they
never compelled n witness 10 appear be-
fore a grand jury called for the special
purpose OF fndine an Indictment against
him.
Thc interrnission lengthenef out an
hot a. that II was not Until shortly Ie'o~e
u O'Clock that Mr.. Bartlett began his
address 10 the jury in openiiiy the case
Tor Tie defense. He talked unti hre res
ulnr room lntermission Al O'Clock, and
at that time had not hnisIiel his cpcring.
His address may be divided into two
parts. one In which he carefully gave the
Law To the jury on the different degrees
of murder ana manssughter. and during
witch he made the important statement
taat the affair was a case az eXcus,itle
homicide and took place by reaspl Of the
accidental discharge OF the old rim fire
revolver
The second part OF his argument was
confined entirely TO the reia tlOns between !.
the two men. which he would show were
not only intimate. hut cordial. Up 10 the
had not been touched upon Mr., Bartlett
carefully defined THE degrees of murder.
and said that the government claims that
II was murder with malice aforethought
was wholly unfounded.
He also spoke az niansiauehtet and |
then said that there were circumstances
in the taking OF human life which are |
exeusable. The defence claims hat IN |
this case no crime was committed. eith- |
or of murder or narslaughter. bit That |
n was excusable homicide. lie defined |
excusable homicide as killing by accident |
or misadyenture, and Unexpectedly.
IN this case. the defendant claimed |
that at no time dld ne discharge the pls-
toi with any intent OF killing Grogan.hdt
that II was a ease OF excusable homicide
that took place 10y reason of the acct
dental discharge of the old rim fire re-
vover.
. MIR. Bartlett also said that any conten-
tion which the two men might have had
after discharge OF the old revolver vas
due to Eastmaii's effort 20 assist Grogan.
and also 10 preten Grogan's doing him
fEastman) any harth through tile tise OF
the weapon which Gtosan had I'm his
Hand the government claims that mo-
friendly relation existed between the two
men and attempted 10 produvo evidenve
OF a deeply laid scheme. and that there
was III telling because OF the lens bust
ness. This latter ASSERTION the govern
ment claims was the motive for the
crime
Mr.. Bartlett. before ne took np the ae
ttial relations OF the two rnen reviewed
briefly Eastmans life after entering Har-
ward In 1881 Ile told Of Eastman's mar
raiee 20 the daughter ~ the late Alvin |
r. Clark IN lSn2 and the death of Mr.. clark
IN 1897 Two years rrevious a. that he !
met Mr.. Grogan. but only since 1897 had
he been intimate with him. he said that
the lens business after Mr.. Clarks death !