Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-06-04
NEW EVIDENCE.
Alex. Terrio's Counsel Files
Motion for New Trial.
New and Highly important Evidence
Discovered for Respondent.
If Motion Is Allowed, Counsel Expect
to Clear Terrio.

The Hon. y. J. McGilllcuddy Of Low
jstun, Of the firm of McGillicuddy &
Morey, the attorneys who were counsel
! for Alexander Tcrrio when hc was tried
for murder ut a special term Of the su-
prone court at SkoWhcgan last fall
was III Bangor, Tuesday, to file a mo-
| ton ut the law court for Il now trial for
Tcrrio. on the ground of newly discov-
! cred evidence.
The motion which Nh McGillicuddy
has filed is given in full below ana will
be read with great interest by those
who followed me ease carefully while
it was on trial. The motion is as fol
lows:
State Of Maine.
| Somerset. ss. Supreme Judicial Court.
Tho state by Indictment vs.. Alexander
Terrio.
And now the said respondent after
trial ANA verdict against him, ana after
4 motion FOR u new trial has been sea
aonably filed, alleging that said yer
| dict should be st aside, first, because
| it was against evidence, ana secondly,
because il was manifestly against the
weight Of evidence, now comes into
court ana moves that said verdict
should Do sct aside ana new trial
Granted in said case. because he says
since said trial he has discovered new.
competent ANA material evidence in
s.lid case; wherefore he prays that TIN
| court will appoint 4 commissioner to
| take said evidence and fix a time with
in which it shall be taken and the re
sronicnt BY his attorneys further says
that the witnesses whose testimony HI
desires taken arc Prof. .. w Knight of
the University Of Maine. State assaycr.
whose residence il Bangor, Me: John
Mcintosh. whose residence is Indian
Rock, Franklin county. Maine; T.. +.
Bailey. Berlin, n. H.; James Lowe and
Alkaline Lowe Cf Berlin, n. II. And the
said respondent by his attorneys is in
formed ana believes that T.. +. Bailey
will testify that he is the paymaster of
the Berlin mills at Berlin Mills, n. H.:
that John Mcintosh (WhOsc testimony
is sought to be taken herein was at
work for the Berlin Mills co. in Feb
ruary, 1901, up to March IS. 1901. and
came out Of the woods to Berlin, and
on the Goth day Of March, 1901. he paid
said John Mcintosh at the Office of the
Berlin Mills Co. in Berlin $685.; that
James Lowe and Alkaline Lowe viii
testify that on the Goth day Of March,
1901. the said John Mcintosh came to
their house to board in Berlin. and
boarded at their house from the time
/,
and on that day he left their house and
went on the drive; that their books
show the following entry which was
placed there at the time said Mcintosh
was boarding there:
John Mcintosh came. March 90: had
supper that night: gave 50; went away.
April ,. 1861; that John Mcintosh will
testify that while he was boarding at
Berlin with Mr.. and Mrs. James Lowe
aforesaid that one Henry Forsith. who
lives at The Forks. Maine. stayed over
night at Mr.. and Mrs. Loves house
and told him that he. said Forsith and
Simon Newton. had been shooting deer
and he thought the officers were after
him and that d young Frenchman had
been murdered at Misery stream, and
that this conversation was had at least
eight days before the body Of Matthias
Pare was discovered: and that the said
Forsith then informed him that they
were going TO try and lay the murder
to Alexander Terrio. but that he
(Terrio) did not do it, that the said
Prof. O. w. Knight will testify that he
has made an exhaustive scientific ex-
animation Cthe details of which will be
fully given by him) of the shell in the