Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-10-12
FOUND GUILTY.
Continued from page So

uehce IN the light of any interest shown
Ia ,iie Wltnesses-their relationship to
'iie prosecutor or the Defendants; their
apparent zeal for the prosecution or the
ueleilse-their whole demeanor upon
TIE Witness stand and all the circunl-
stances and probabilities bearing upon
their statements.
Inc government relies with consider
i:h!e confidence upon the actions and
ueciafatlons of the defendant LIE Fave.
iie actions of party accused of crime
Immediately following the crime are
OFTEN significant as pointing to his
suiit or innocence. The jury should be
garrett I'll not to draw haStv differences,
Jul To give the accused the benefit Of
any reasonable doubt as to the motives
Which induced his acts. Were the move
ihehts of Dionne inconsistent witt
innocence? Did LIE Fave leave town tn,
same night after the alleged theft? Was
there secrecy about his going? If 50
ala Dionne, or did he not, assist in hi
secret departure?
The principal evidence touching tn,
movements of lie Fave comes from MI
Hartnett, who testifies to certain state
iilehts made to him by lie Fave.
confessions when made freely an,
Voluntarily, without any inducement
pressure or suggested favor or threat
are admissible in proof. If any infiu-
ence is used or pressure or any threa
made to induce q confession its effect is
destroyed. Therefore confessions are
always to be carefully scrutinized. Els
pecially SO when confessions are made
when under arrest on in the custody o.
officers.
In this case YOU heard the evidenc,
delivered by Capt. Hartnett. the mar
who secured the eXtradition of lie Fave
from (anaGa-aS to the desire o!
lie Fave to make a statement; of his
care of cautionins him, and that
l4e Fave was told that what he sale
would be told in court. Mr. Hanks, tn,
police officer, also testified to being
present, and as to caution given t.
Lee Fave. Was he in anyway induced
to make any confession: AS you shall
determine that question you Will deter
mine the weight to gain LIE Fave's
statement to them.
What was that statement, and, if
true, how does it affect him?
Does il affect Dionne and if so how >
It was III substance, that he was pres
emf with another person in Dionne's
dining-room, on the evening of March
II: that something occurred which he
could not state without duplicating the
other person; that he, lie Fave there
received something over $500: that he
with the assistance of that other per-
son carried Burns down stairs, up
Laurel street and dropped him; that he
went back to the hOuse-had been told
TO get ont--and left that night. AL
though not naming Donne rs being the
ether person, the government contends
that there is abundant evidence that il
could have been no one else Were there
others-or any other person present but
Dionne? Or was Dionne present?
It is contended as to lie Fave that the
evidence does rot show him to be guilty
as principal. even if you shall find that
Dionne is guilty. because. it is contended
that the evidence does not show beyond
reasonable doubt that he participated in
the theft. What constitutes PARTICIPATION
in the commission of Il crime? There
must Dc something more than mere pres
tnce at the commission of a felony land
the offence here charged is felony) to rem
der person guilty as principal i'll in.
felony. If he takes no part in it and dos
not act in concert with the person tvhu
commits the crime he will not be prnri-
pal merely because he did not try To pre-
vent il, Yet il is not necessary to prove
that the party actually assisted another
in committing. the crime if they acted in
concert; Ii he knew what was being don.
and was present ready to assist if ncces-
sary.
What is the evidence upon which tho
government relies to show lie I'avc's par
ticipation? The prosecutor, Burns. has
told his story. You have heard all the
evidence and arguments relating to cir
CumStances which the government con-
tends are corroborativc of his story. You
hay" heard the evidence of IIartnett and
Hanks as to the confession of lie Fave IT
is for you to determine whether the crime
was committed and to what extent Lc
Fave and DiOnne participated in It'll fatal
Although these two defendants are indct-
ed jointly as having acted together in the
commission of the alleged crime. if the
evidence does not show thnm equally gull
ty both should not be included in the
same verdict. In other words. if the evil
denc" convinces YOU that both are guilty
of course your verdict should be guilty
| as To each defendant. If you are so con
WINGED rs to one defendant and not sc
convinced rs to the other. your verdict
should be guilty" as to the one and mot
guilty" as to the other. Or of course youl
verdict may be mot guilty as to each
| unless convinced of their guilt beyond
reasonable doubt.
1t is contendcd on the part of the gov
ernment that the evidence of several wit
ncsscs and especially that of Rucll show
that when last seen in the dning-room
Burns was alone with these defendants
Were there others present at the time OF
the thefts alleged? Did or did not tho
defendants have the exclusive opportuni-
| ty to commit the crime? 1t is in eVidenc;