Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-10-01
Defence Changes Theory About
the Crushed Rifle Shell.
Admit Terrio Fired It, but Long Be-
fore Pare Was Murdered.
J. S. Mcintosh Thinks His Evidence
Will Clear Terrio.

motion for a new trial of Alexander
Tcrrio. convicted of the murder of Mat
thias Pare. on the 18th of March. 1901 ,
revealed an entire change in their the
DRY regarding the crushed she'll" the
one found near Pare's body. At the
trial they maintained and endeavored
TO establish by expert testimony, that
TINS smell could not have come from
Terrio's rifle. Upon subsequent inves-
lgation, they now admit this fact, and
base their defence upon the theory that
the shell must have been fired suisse
qucntly to the murder, as the exposure
of d month would have rusted the
metal to greater extent than it now
is. and would have effaced all marks of
the rifle firing-pin
This position they have taken as the
result of the microscopic examination
of Prof. Ora w. Knight of Bangor. u
member of the faculty of the University
of Maine ana an analytical chemist of
IL years experience. Prof. Knight has
had the exhibits in the case for the
purpose of experimenting in the pres
cnce of the States expert. and has also
made independent experiments with
other shells of similar composition. His
testimony on the stand was a descrip-
ton Of those experiments and the con-
clusions he drew from them.
In order to determine the effect of
weather conditions upon the metal. he
fired number of shells in rifle on the
II of March last. One of these he
placed Immediately in a glass tube and
sealed. The others We're exposed in va
rious localities. about a mile from the
city Of Bangor. On March O. week
later. he took three of these shells home
and sealed them in glass tube. Quite
. degree of corrosion was then visible
To the naked eye. on March Is, at the
expiration of two weeks. he took home
three more These were stiIl more cor
rodcd.
He next fired shells in the Terrio rife
with a view to ascertaining If the char
acteristic markings would disappear
The shells used in both experiments
were the ordinary $3.50 Winchester
shells. nr the same composition as the
crushed she'll" one of these he sealed
immediately. and the others. II i'm all,
were exposed To the moisture in the
SNOW. six in shady spot and six in the
sunlight. Various photographs Were
taken Of these shells before. after. ana
during their exposure. These photo
graphs were produced i'm court and
offered as evidence.
ON April Is his examination showed
that the markings which characterized
shells fired i'm the Terrio rifle had be
gun to disappear. on April % they were
s.s In. .i1Hu-
ton of a month. the same the crushed
she'll was exposed. they had entirely
Disappeared SO as TO be absolutely in
d!stinguishable.
IF the crushed shell was used March
II. 1901" no was asked. land had re
NAMED in the condition that the evil
dence in the case shows 1t to have been.
near the body of Pare. and laid there
until the 18th day of April following. in
your opinion would il have borne the
marks of any firingpin in any rifle in
which IT was fired on the 18th day OF
March"
TN my opinion was the reply. 1T
could not have borne any such marks
Prof Knight also took measurements
OF the indentationS. principally OF the
"L-shaped figure" on the primer OF
cartridges fired in the Terrio rifle.
These varied from .00i03S2 to .0o15 of an
inch in depth. All the shells fired by
him were sealed and placed in the GUS
tody of the clerk.
The principal causes of corrosion he
enumerated as. first. the existence OF
electric currents in the shell. due to the
difference in the composition or its dit
ferent parts: second. the decaying veg
etable matter and the gases from the
earth: third. the ammonia and other
gases in the atmosphere which operated
10 dissolve the copper: fourth, the gases
from the dead body; and fifth the COM
mounds caused by the explosion OF the
powder.
Tpon cross-examination. Prof. Il night
admitted that he was materially aided
in finding the marks on the primers by
! Tr, whittier's photographs. and that
he came To the same conclusions as DIR.
Whittier upon that point. He stated
/ that the only knowledge of the circum-
sances attending the finding of the
roay and the shell which he had was
from reading the evidence: but that
| no endeavored to select Il place and
time as nearly corresponding to that
IL the murder as possible. and that the
7 circumstances attending the exposure
az the crushed shell would tend to rust
IL even more than those fired by him
would have been. He admitted thai
there was some rain during the time
his experiments were performed. ane
that varying conditions of temperature
and moisture would affect the corrosior
az the metal. but gave 1t as his opinion
that i'm no possible way could the
crushed shell have remained IN tnt
snow near the body for so days, anc
still retain It's distinguishing marks ane
he as little corroded as 1t was when dis
covered. even though frozen hard il
three to four feet of snow.
At the conclusion of Prof. knights
testimony. the exhibits We're impoundet
and the remainder of the testimony de
ferred until the witness Mcintosh couls
arrive. The State has witnesses whicl
may be offered in rebuttal.
Continued on page %