Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-12-16

Whittier were correct. At the first
meeting counsel on both sides were
present, and from that time forth the
investigations were conducted by ProI.
Knight and DIR. Whittier and the clerk
of courts alone.
"For the first few hours study Win
the microscope Prof. Knight was UNI
able to discover any characteristic
markings that appeared upon lhe
crushed shell in this case And II was
only after he had photographed the
primer and the firing pin that ne was
able to note the similarity. he was
accordingly bound upon these lnVesti-
cations to corrobOrate the findings OF
Prof. Whittier.
..Rut he did not stop there. 1t came
to his attention that metals would tar
nish and he set out on line of ex-
ner;ments which Dr. Whittier had en-
tiralv overlooked or at least had not
attempted. Prof. Knight selected a
snot in Bangor in a locality in when
the conditions should be as near as
possible to those that existed on the
tote road at the spot where Fare was
murdered on March II, 1901.
He selected IL shells that had been
exploded in Terrios rifle out of IL that
had Just been fired and he selected
those that had the very deepest ana
clearest imprints made by the firing
min. These he photographed and after
he had done so. placed them in the
snow and covered them up. At the end
of 10 DAYS they were taken and photo-
craphed and the markings were FAR
fainter than when he had photograph
ed them before placing them In the
snow. At the end of II days they were
again taken from the snow and photo
grabbed and the marking had disap-
reared from some and almost entirely
from others. They were then placed
in the snow again and at the end of
full 30 days were taken out and photo
graphed finally and the markings We're
found to have been entirely obliterated.
THE conditions which existed were
much more favorable to the Fastening
of the obliteration of the microscoplcai
markings in the crushed shell than IN
the shells that Prof. Knight expert
mented on in the snow banks at Ban
ror. In each case there was the alter
late thawing and freezing incident 10
the spring months. But in the case
of the crushed shell in addition to this
was the warmth of the body for the
few hours after the shell was placed
there. There was the slushing of the
snow and the testimony shows that
the horses hauling the loads of house.
hold goods of William Butler on the
first day of April kept slumping con-
tinually along the road there so much
so that they had to be frequently I'M
hitched from the selds. Then after
the body was found the shell was
placed upon the dead body OF Pare
which was giving forth gases incident
to it's decomposition and which would
also tend to hasten the corrosion. also
the bOughs which covered the dead
body by any slight decomposition
would hasten the cOrrosion. Then the
shell was carried around in the pocket
of the coroner for some time and from
there it went into the possession of the
sheriff where it was handled by many
persons and put into Terrio's rifle by a
number of different men on different
occasions and finally reached Prof.
Whittier in the month of August where
it was photographed.
"If the markings entirely disappeared
at the end of so days from each of the
many shells that Prof. knight expert
mented upon why did they not disap-
pear from the crushed shell? The evil
dence shows that these microScOpical
markings had become so obliterated by
corrosion from the Peary shell that
Prof. Whittier failed to find them.
How then did the marking of the Ter
rio rifle pin come up this shell known
as the crushed shell in the case? We
do not know how it came there, but in
view of the testimony of Prof. Knight,
which is not rebutted by Prof. Whit
tier, although he was present in court
during the taking out Of the testimony
of Prof. Knight.
we can say without fear of contra
diction. that the markings now on the
crushed shell could not possibly have
been placed there on the 18th day OF
March. 1901. by the firing pin of Ter
rios rifle. We can see how markings
might come upon the primer and that
in a thoughtless manner and without
any intention on the part of anybody
connected with the prosecution placed
this shell in Terrio's gun and for the
purpose of obtaining an imprint of the
firing pin on the primer deliberately
and for that purpose snapped the pin
upon the shell. But what we do say is
this: That the testimony abundantly
| shows that this shell known as the
crushed shell was fitted into the Ter
, rio rifle by many different persons at
many different time"
In the law court. Monday morning
was heard the case of Harvey VS.. the
| City of Augusta, in a motion for a new
trial made by the counsel for the plain
tiff. The case was that of Elsie w
Harvey of Readfield. against Augusta
Although the city was named as the
defendant the Augusta, Winthrop &
| Gardiner Street Railway Company is
the real defendant. The action was
brought against the city from the fact
| that the municipal officers granted d
| light of way to the railroad company
| to construct line of electric road OPP
posite the residence of the complainant
/ on Stone street in the city of Augusta
The complainant alleged that the
property was damaged to a consider
| able extent by the raising of the grade
at an average amount of four feet OPP
posite and adjacent to her premises.
The suit was really an appeal from
I'll.