Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-12

by his counsel has made no argument
in this regard but you are required to
consider those things in reaching your
decision.
THE defendant is presumed to be in
nocent until the evidence shows his
guilt beyond a reasonable doubt. The
burden of proof never shifts. 1t is al
ways with the state to prove guilt and
not for the defendant to prove inno-
cence.
1T is not easy to impart to a jury
the legal definition of reasona Bile
doubt. If his guilt has not been shown
to you beyond reasonable doubt you
must acquit him. A reasonable doubt
should be actual and substantial and
not founded on a mere possibility"
Judge Lambert summed up the admitted
facts in the case, the sending of the
package from the general post Office, its
receipt at the Knickerbocker Athletic
Club and it's administration to Mrs.
Adams by Cornish, who received it at
the club
1T is necessary" he said. for the
state to prove that the defendant SEM
this package, that 1t was received by
Cornish and innocently administered to
Mrs. Adams before you can find this de-
PENDANT guilty. 1t is for you to say Ii
the necessary evidence has been submit
ted
"One of the most important efforts of
the prosecution has been to connect this
defendant with the address of that poison
package The state has attempted to do
hat nv from hanks and nv
witnesses presented to you as handwrit-
ing experts. 1t is contended by the pros
ecution that the defendant wrote that
address, Unless this is proved the de-
PENDANT cannot be convicted on any
crime So you see that it is central por-
ton Of the evidence. That is fact the
state is compelled to prove"
Justice Lambert recited the evidence of
the handwriting experts on both sides and
said:
II shall not discuss any of that testi-
mony. The law places the burden of that
discussion upon you. You are entitled to
exercise your own judgment regarding
these disputed points. The opinion Of the
experts is not controlling upon you. You
are under no legal requirements to be-
lieve what they told you.
you have to take the responsibility
for your decision" he said. IF the peo-
pies case stood on the question of hand
writing it should be dismissed. But if the
contention of the prosecution is sustain
ed in other respects you may consider
the handwriting.
Did the defendant obtain the Tiffany
box from Tiffany and Company? There
is no evidence here that he did but evil
Gence has been submitted that he had an
account there. Most that can be said for
that point is that he had the opportunity.
Did the defendant have the bottle Of
brOmo? He says he did not There is no
evidence here to contradict it, but it was
i'm the box he had the opportunity to OBJ
tain"
Coming to the consideration of the bot
tie holder in which the poison was sent.
Justice Lambert said that no evidenc,
had been presented to connect Molineux
with the holder.
Regarding the testimony of Mrs. Steph-
enson that she saw Cornish mail the
poison package. he said that if the jury
believed her story. that ended tine case
and eliminated Molineux.
At the close of the charge. Mr. Black
said he had no requests to make. The
assistant district attorney asked the jus
tice to charge that the prosecution has
claimed from the first that the defenda mt
obtained. or procured to be obtained. the
bottle holder.
This the court refused to dc, sa wing
the jury would lie guided by the evidence