The Somerset reporter., 1901-11-14
FOUND GUILTY.
Continued from first page

DR.. l.. A. Dascombe, Dr.. John E. Wads.
worth and DIR. II. II. Cleveland. The
cross examination of all the witnesses
in rebuttal on each side was brief The
exhibits of the case were made up and
Mr.. McGilicuddv began his argument
for the defense beginning at 245 and
closing at 4,30.
A brief recess was taken and at 4 40
Attorney Gen. Soldiers entered upon his
argument for the prosecution. At $50
o'clock court adjourned until 8 80
o'clock, Tuesday morning.
Upon the opening of the court, Tues
day morning, Attorney Gen. Seiders
resumed his argument for the prosecu.
ton, closing at ID. Judge Emery
began his charge TO the jury at 11.30
and concluded it at p. m.
The jury Immediately retired to the
jury room and at So brought in a ver-
dict against the respondent of Guilty
of murder in the first degree"
Terrio heard the verdict with the
same apparent composure he had main
! tanned throughout the trial. His coun-
sci had brief consultation with him
and then with Judge Emery. There
upon the court directed that he be
remanded to the Jail. 1t was under
stood by this that the defense would
make a motion for new trial.
Wednesday morning, Attorney Morey
appeared and entered motion that the
verdict be set aside and the defendant
| be granted a new trial. Mr.. Morey
stated that he asked this because of the
/ very evident discrepancy in the testi-
mony of experts on the findings by
microscopic examinations, therefore he
| asked that upon the evidence and the
weight of evidence the verdict be set
aside. County Attorney Cover spoke
/ In opposition to the motion, going care
| fully over the circumstances attending
| the examinations of firing pins and
shells by experts and claiming that the
reason the experts for the defense did
not find the distinguishing marks was
/ because the examinations by them were
not made with the same painstaking
care that was exercised on the part of
the States experts. He furthermore
claimed that the evidence in the case,
aside from the expert testimony, was
sufficient to justify if not compel the
verdict.
| Judge Emery said abundant evidence
to warrant the verdict had been present
ed by the State if it is true. The jury
said by their verdict, it is true. He had
no bias for or against the prisoner but
the evidence impressed him as strong.
The trial had been conducted with
great care and ability The arguments
had been exceedingly able. That of the
! defense one of the finest he ever heard.
The motion was overruled.
Attorney Morey then appealed from
the rulings of the court in refusing to
set aside the verdict and this appeal
goes to the law court ON report.
All exhibits in the case were placed
in the custody of the clerk and all ex-
aminations of any of them are to be
made in his presence Judge Emery
stated that Maine has as good experts as
Massachusetts or New York and exami-
nations will be confined to Maine ex
perts. He cannot sit in the case, his
associates will decide the issue.
| We understand that experts will
Ge called upon to examine the ex.
hibits in controversy with the micro
scope, and if they are found to sub
stantiate the examination made by the
State the case will not go to the law
court. Otherwise it will.