Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-09-25
JURY DISAGREES.
Said to Stand II 10 | in Favor
Of AcquittaI
VI ''yS0n and . TO 8 on McCIench,
Oh LAST Ballot.
'e'i'o' 10 b announced 1kis Eo.ninu IN
Open Court.

Augusta, Sep. -.
81 ERioR RT-SEPrEMRrt
TERM.
.. @. HALL. Judge.
W. y. CnoAiE. Clerk
~: l. McFADDEN Sheriff
= IlnoMAS LEIGH. County Attorney
FRED W. LEE, Stenogr&uner.
al IL o clock Tuesday night. the iur.,
IN me McClench-P ayson manslauph,.,.
case lett its room ana Will Announce
the verdict in open court at $50 o'cloclx
this morning. Ii is understood thar tho
jury failed to agree and thar tbar,.
would be no prospect of agreeing l.,
Is also understood that the Jury on the
first ballot stood five for convic,ion
and seven for acquittal in the case of
iassot ana SIX for acquittai and six
ior conviction in the case of NcCl.nch
several paiiotS We're taken. 1t is uu-
derstood thal the last ballot was II for
acIuittal Of Payscn and one for con-
Nlctlon, While during ell the ballots in
McClench's case it Was six and six.
The case was given to the jury AT
60 o'clock. at II o'clock the court re-
tired.
Able arguments We're made during
the day by eX-Attornay General Or
vile d. Baker in behalf of Payson
Fred Emery Beane, Esq. OF IfalloweU
in behalf of Mctlench and County OF
torney Leigh for the State. The coun-
~ attorney. despite the fact that for
several days he has been suffering
with severe cold, made an able pre-
sentiment of the governments side.
At the opening Of court tuesday
morning, l.. W. rayson OF HallowelI.
father 70 Charles l.. Payson, one of
the respondents, was called as the
hrst witness. lie testified that Ii boat
was kept in The basement OF his shoe
store ana on the night OF July /, was
let TO Walter Carter. Young Payson
went with Carter.
Virginia l.. Puyson, sister Of Charles
l.. Payson, corroborateI the testimony
OF the previous witness, Mr.. Payson.
Mrs. Fannie 5. Payson. mother ii
paysUn. testified that her son was q
years old and that She never knew MIN
10 get intoxicated until the night Of
July /.
The defence rested at This juncture
i-uN.u bGllCI4A OF W llltScr WAS call
cd by the government III rebuttal. He
testified that Jonathan LonGfelow
made the remark III the store OF he
Witness that ne never knew Fred
Farnham drank. The reputation of
Long1cllow for truth ana veraclty III
the town Of Windsor was bad.
Edwin Bullock. Peter s. Snider ana
Burton q. Moody corrObOrated the
testimony of the previous witness, Air.
bullock.
James +. Ashford testified thai the
general reputation Of Jonathan Long
fellow for truth and yeracity was bad.
Raymond Mcclure testified that ne
never drank cider with Farnham but
on one occasion. Heard Jonathan
Longfellow say that he L0ngfelloW)
never knew that Farnham drank.
Attorney Baker began his argument
~ the jury in behalf of Payson at
1920 O'clock Mr.. Baker said il part:
Young Payson stands on the threshold
of u career where the least turn ~
the hand may incline from one side TO
the other. He is at the parting OF the
ways. You. gentlemen of the jury,
have the future of that young
man in Your hand. But deliberate be
fore YOU return q verdict that Will
blast the future of this young man. l
don't ask you to acquit him II he is
guilty of any crime, but carefully
weigh the evidence. The evidence of
the government witnesses alone ought
TO insure a verdict of acquittal. No
case is known in the history of com
mon law in all the long ages of SINH
knows SllCn
crime. The invitation of one man to
ask another 10 drink and that man
drinks voluntarily does not constitute
crime. Farnham killed himself, not
bv suicide. but by accident, done ny
himself. The defence furnished the OPP
no-tunity. bur there is no punishment
for opportunity. fla person ultleaNe
his stable door unlocked and some one
should enter and steal a morse the
owner of that stable should not pc con-
victed of larceny. If 1t had not peeh
for Payson. Farnham surely misht not
have died. None of us believe III the
maintenance Of saloons in the citleS
and towns of this county. lhey
| ehou,d he discouraged and Glscounte-
nanced by all people. but it is not the
| duty of the jury 10 inquire lhto ne
moral attitude of young Paysoh' ne
is not the first young man VINO mas
! asked persons to drink 1t IS most
| natural thing to do and there Is not
one person in 10000 who would believe
or even think that the drlnKihs oi
,iouor would cause fatal results. hun
dreds and thousands Of boys ana men
throughout this county are picked up
: daily dead drunk" How many die Ill
I that condition. that is from the li,ii'it-
diate effects of that drinking! fhSH'-
clans who have an opportunity TT ~
servatiun say taat cases OF de''t" ore
rare ana extraordinary The fi'''ef
never entered the nina OF f"u,'
Farnham or young PayS1n that ~,
, ,rinEin, Of liquor on that night "ouiu
I result fatally
! We all lrnow the effects % liquor Oh,
y .c..srn l,ow 1t effects the mentai ava
nhysical organs. These YOUNG 'hei, IN
ted this ehop On this night Witii"dt
ever dreaming that tatai re- Is
,,-o1-ld fruow. Thousands ana 'h"u
sends Of bows aud men become m
.,xi,atad 20 to sleep, rise 2Hectcu