Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-12-16
Arguments by Defendants At
torney in Terrio Case.
Terrio Now Stands Convicted Of the
Murder Of Matthias Pare.
Attorney General Will Argue, This
.Mornins-0ther Cases, Monday.


cuddy 4 Morey, made his argument
for new trial in the case Of Alexander
Terrio.
Terrio stands convicted of the muir
erd of Mathis Pare, April IL, 1901, on
the Misery iGte road near Asquith, the
motive for ,he alleged murder being
robbery.
The case was tried at the Septem-
Der term of the supreme judicial court
for Somerset county, sitting at SHOW
hogan, and the jury, after a delibera-
ton of several hours, returned YER
dict of guilty.
At the opening Of the court at $3.50
o'clock. this morning, Hon. George NJ.
Seiders Of Portland. attorney general
Of Maine. Will make his argument
against the granting of rev trial.
Mr., McGillicuddy in his argument
stated that the greater contention was
in connecting the defendant, Terrio. in
any way with the Commission of the
crime.
Mr.. McGillicuddy said in part as fol-
lows:
THE State sought to connect the de-
PENDANT with the crime mainly by
means of expert testimony, claiming
that the markings afterwards found on
a discharged cartridge shell that was
found with the body was directly
traceable to a firing pin of a certain
rifle found in the house Of the defend
ant and admitted to be his rifle. Uu-
on this point the State at the trial
made its greatest stress, and the tes-
timony of Prof. Frank N. Whittier Of
Bowdoin college was quite important
from the standpoint of the State.
Sometime in the month of August,
prior to the trial in November, the
sheriff and county attorney sent to
Prof. Whittier, Terrios rifle and two
discharged cartridge shells. One of
these shells is known as the Peary
Shell, and was found by one George l.
Peary on the 18th day of May some so
feet from where the body was discOv-
cred on the 18th day Of April previous.
The other shell was the shell that was
found with the body on the day that
the body was discovered, April II. and
Is known in the case as the crushed
shell.
bullets, pieces of lead and other things
sent to Prof. Whittier, but in the pre-
sent stage of this case they do not APP
pear to be particularly important
We wish to keep clearly and closely to
the things that are vitality material and
important. Prof. Whittier spent a
long time in experimenting and ex-
amining the two shells and the Terrio
rifle. The object of his efforts was to
ascertain whether or not the firing pin
Of TerriO's rifle would produce mark
ings similar to the markings found on
the primer of the shell that was found
with the body on April IL. After a
most exhaustive and scientific investi-
CATION of Terrio's rifle and the
crushed shell by means of the micro
scope and photographs, Prof. Whittier
gave ii as his opinion that the mark
inGs on the crushed shell were char
acteristic Of the firing pin of TerriOs
rifle. His opinion was. that the Ter
rios rifle pin made the markings that
he found on the primer of the crushed
shell which was first sent to him in
the month of August.
This is as far as Prof. Whittiers in
StStiSdtiOiS "tul-SiIiIply W TIE IdCl
that in his opinion the markings which
he found in the month of August on
the crushed shell were made by the
Terrio rifle pin. He made no investi-
cation whatever as to the effect that
would be produced on such markings
II the shell WAS exposed in the snow
and on the body Of the deceased as this
shell was EXPOSED. for the length of
time that i, was. Prof. Whittier knew
nothing whatever as to where the shell
was from the time that it was found
ana taken into the possession of Coro-
ner Addinton on April IA until the fol-
lowing August when it was sent to
him. His testimony simply is that
when he got 1t it had the markings, in
his opinion. Of Terrio's rife pin and
he stops right here. The question of
the fact of corrusion on such mark
ings was not gone into by Prof. Whit
tier nor anybody else at he time of
the trial.
prof. Whittier did say. however
that ii was impossible for him to dis
cover or distinguish any characteristic
markings on the primer of the Peary
she'll so-called. owing to It's corrosion
OF course 1t must be borne in mind
that the microscopic markings are al
most inconseivablly small. In fact il
was an investigation on his part to
sever and divide hair betwixt the
north and the northwest side. DR.
Dascomb. probably the leading physi-
clan in Somerset county, was unable
to distinguish the characteristic mark.
ings on the primer of the crushed shell
ny means of the microscope. Neither
could DIR. Wadsworth, a most reputable
physician also residing in Skowhegan
Nor could DIR. Cleaveland. specials,
with the microscope at the Contra
Maine General Hospital in Lewiston
So whatever markings Of a character.
,jsttc nature. that appeared upon tn.
skh&l Rre - very minute and of such {
e&Sltcata nature that-it was only after
weeks Or Study that Prof. Whittier wa:
able to distinguish these markings. ant
then only by the aid of photograph.
which were taken by him.
AT the motion for new trial which
was heard on the morning after Terric
was convicted the night before, the pre.
siding justice upon application of The
respondents counsel, authorized the
employment Of an expert by the de-
fence at the expense of the State tc
further verify the discoveries and find.
ings of Prof. Whittier or disprove
them. The defence after a short time
pmnlOvod prof n w u-.-l. =,