Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-07-03
| GETS new TF.
Verdict Set Aside irrio
Murder Case.
Convicted Of Murder in Cau,eath
of Matthias Pare.
FIRST Case of Its Kind in y of
Names Independent.

) ueSfee, which is the first chere
new trial has been grantanur-
uer IN the history of jurispre in
=, inns state. Terrio was cord at
IL .hF september term of thereme
Judiclal court for Somerset ty in
l'ol, upon an Indictment az him
Tor the murder of Matthiare on
l. March Ii of that year. Counr the
, deiendaht moved to have terdict
set aslde on the ground of dis
covered evidence and the was
argued before the law cour Au-
susta last December.
. On April II, 1901. the deadly of
rare, a young French Cana who
had Tor several years been aomed
10 work as a Woodsman in brests
OIL Maine during the winteason
was found by the side of a road
on the banks of Misery st be-
tween Brassau lake and theadian
Pacific Railway. about a mnd a
half from Asquith station. body
: was fully clothed and nearvercd
with brush and snow. PART his
death by shooting and the ne was
robbery.
I AT the trial DR.. F. N. Viii testi-
iled that he made microscopimina-
ton which showed that shell
found by the body of Pare have
peen fired from Terrio's riheiming
that the indentations of the1g pin
OF the rifle left individual ccteris-
tics in the primer of the sh
The new evidence introd was
that of Prof. O. w. Knightlother
expert, who claims that en- eX-
pcriments which he has m show
conclusively that the shell eed as
1t was by the body of Pareld not
nave retained any distishing
marks by which it could be tilted.
At the trial the State wrepre-
sentcd by Hon. George W1ower,
county attorney of Somersetd Hon.
George NJ. Seiders of Portls attor-
ney-general of Maine. Terr.as de-
tended by Hon. Daniel J.fcGilli-
cuddy and Hon. Frank A. rey OF
| Lewiston.
The opinion is drawn by sociate
justice William Penn Whiiuse of
| Augusta.
After reviewing the case, opinion
says:
IF it be conceded that tlforego-
ing circumstances and codences,
considered in combination with
relation to the conduct andeclara-
IONS OF the accused, with 4he in
ferences which jury might tifiably
draw from them, would ire an
affirmative belief of a strongobabil-
ity of guilt, the evidence mlstill be
considered with reference to mega
tive or exclusive tendency, which
1t finally establishes the prmption
raised. by negativing or GLIDING
every other. This is the fair test
of the accuracy of a conclusireached
in which the peculiar eficatof cir
cumstantial evidence Is bWed to
consist. 1t is not sufficient nt the
circumstances proved are nsistent
with and render probable thypothe-
Sis sought to be establishment they
must exclude beyond a sonable
doubt every other hypothes except
that one. Under the appltion of
this test to the evidence, it not en-
tirely clear that a jury wo, be re-
quired, even if justified in turning
a verdict of guilty upon 1.-THE i'm
portance therefore of the ept testi-
mony relating to the markspon the
primer of the cartridge ma by Ter
RIOS rifle can now be fullyalized.
OF the characteristic MAJ on the
primer and the expert tesiony, the
opinion says:
After it had been demorated by
actual experiments made scessively
by the county attorney I'd two
that the shell of I 30-rifle
cartridge found by the sidof Pare's
body exactly fitted the Teri rifle the
shell was accidently crushein a let
ter press by the county at'ney, and
was thereafterwards know. in the
case as the crushed shell. Observing
the identation made by thering pin,
on the primer of this shell, occurred
to the mind of the countyattorney,
that the firing pin of every ne might
be found under the microsce to pos
sess such an Northumberland its
characteristic marks would be i'm
pressed on every primer eloded by
it, and that the marks on D primer
might also be seen under Z micro
~,
firing pin. If SO. it would ford cir
evidence of t certain
kind where the fact in dDute is a
necessary consequence of t, fact At
tested and could not he been
caused by any other. TIL crushed
shell. the Peary shell, the trrio rifle
and six other 5000 rifles wc accord
ngly sent to Prof Frank I Whittier
professor of bacteriology ii Bowdoin
College, and an expert in ie use OF
the microscope, who madel critica'
examination of the prime. of the
shell, the Peary s,ll and OF
several other shells, and otthe firms
pin of the Terrio rifle and six Other
1870 rifles, by the test of he micro.
scope, and photographs of nicroscop.
cal views, magnified 25 diacters OIL
;25 times.
Called as an expert micro
copy, he testified in regard tohe crushe,
hell and the firing pin of he Terri
life as follows:
Il noticed when examinin the shell
our things. the central rir. the +
haped figure. the claw-shape figure an,
he star-shaped figure. 1 e,mined tn
ring pin on the same day tat / exam
ned the shell. that is. uner the mi
roscope, and l found Appearances While
exactly to the ppearance
NJ the shell. with the excption thu
was reversed as rgards RICH
nd left
DR. Whittier discharged a .artridge i
be Terrio rife and made anhntnrrn n,