Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-07-03
PepHr0nbl5 BE i tn ;nua.

upon tneIn corresponding with the marks
upon the primer of the Terrio shell, but
in every case the marks on the primer of
the shell corresponded with the mark on
the firing pin of the rifle that discharged
that shell, with the difference that the
right was left; and prominences were
represented by depression. In no instance
did the markings on the primer of a shell
discharged in one rifle correspond with
discharged in any other rife; and the
firing pins could be found that were iden-
teal In regard to the Peary shell,
found on the 18th of May about so feet
from the place where PareS body lay,
DR.. Whittier says he was unable to deter
mine whether it was fired in the Terrio
rifle or not. by reason of the corosion or
rusting that had taken place.
But upon the motion for 4 new trial on
the ground of newly discovered evidences,
Prof. o. w. Knight, state assayer and ex-
pert microScorlst, was authorized by the
court to make careful and exhaustive
study OF the question for the purpose of
testing the accuracy of DR.. Whittiers
conclusion. Prof knight says: Il ex-
posed six shells and Will show the differ
ent stages of the corrosion of the face
of the primer of the six shells exposed in
the snow from April 3 to May 5. IIx
amined under the microscope April Is, the
markings upon the primer had begun to
disappear somewhat and were much less
sharp at the edges than they were April
3. April 20, the markings We're very faint
far fainter than the markings of the
crushed shell, and the photographs taken
there are included in the exhibition. On
May 3, after being exposed one month,
by examination with Il microscope and by
taking the photograph, | was unable to
find on any of these shells markings
which would lead one to conclude that
they could possibly have been fired in the
Tcrrio rifle. In the course of the work
| have examined the firing pin of the
Terrio rifle and many other rifle pins OF
similar make and as a result of my ex-
perimvntS am forced to conclude that it
would be impossible for a shell to be eN-
posed for 50 days and retain the charac-
teriStic markings made on the primer by the
firing pin of any rifle which | have cx-
amined in the course. OF my work. If the
crushed shell in this case was used in
committing this murder on the 18th day
of March, 1901, and bad remained in the
conditions which the evidence in this case
shows it to have been near Pares body
and remained there until the 18th day of
April following, in my opinion it would
not have borne the marks of any firing
pin of any rifle in which it was fired on
the 18th day of March,
1t is pertinent to remember that if the
crushed shell was not exploded in the
Tcrno rifle, March II, it was undoubtedly
exploded in some other rifle on that day
and received a characteristic imprint
from the firing pin of that other rifle.
Unless obliterated by corroson there
was therefore already the impression of
one firing pin ON the primer of the
crushed shell, before it could have acct
ttHilN nave rcCt1NCu ii second IMPRESSION,
after it was empty. Whether this is a
factor of sufficient materially to com
plicate the problem fs Il question which
does not appear to have been considered
by the experts. DR.. WhttierS testimony
however, only goes to the extent of as
sorting that the four prominent markings
described by him were the same on the
primer of the crushed shell on the
primers of the other shells exploded in
the Terrfo rifle. 1t is possible that these
four characteristic marks might be i'm
pressed on the primer of the crushed
shell after the first imprint made by an
other rifle, had disappeared under the in
flucnce of corroSion, while the other in
tinitcsimal standings on the crushed shell
alluded to by DR., Whittier. might have a
different appearance from those on the
other shells.
Prof. Whittier was not called to rebut
or contravert this evidence of Prof.
Knight and if it had been presented at
the trial in connection with the evidence
of Or. Whittier, it is not improbable that
it would have raised in the minds of the
jury a reasonable doubt whether the
CHARACTERISTIC marks on the primer of the
crushed shell were made by the Terrio
rifle at the time the cartridge was ex-
plodcd on the 18th of March, the analysis
made on the empty shell at subsequent
respecting that proposition, it is not i'm
probable that they would have had a
reasonable doubt in relation to the guilt
of the accused and returned Il different
| /
seems but just that the respondent
should not be deprived of the privileges
of having his new evidence passed upon
by jury whose peculiar province it is to
decide contraVerted issues of fact, even
though it appears to the court only prob
able that the new evidence would change
the result or that injustice would be like
ly to be done if a new trial was not
granted. The respondent is an unknown
woodsman whose personal identity may
attract little attention and awaken little
interest; but equally with all others he
is entitled to the protection of the courts.
The discovery of truth is the single aim
of all judicial inquiry, and justice should
always move to its end with deliberation
and with the strength and dignity of i'm
partial law.
with respect to the motion for a new
| trial based on newly discovered evidence
the entry must accordingly be appealed
sustained, motion sustained, verdict set
aside, new trial granted.
| At a meeting of the directors of the
Village school district, held Thursday
afternoon, the contract for building the
new school house to be located on Lin
1 coin street was awarded to Albert A.
Varney of Augusta, the price being
$11 $50. The building is to be con-
structed according to the plans and
specifications prepared by the archi-
tect, A. G.. Wing, and is to be COM
pleted and ready for occupancy by
September 1904. 1t will be a four
room building, of brick, with granite
beltings, and in general appearance
will resemble the Nash school. Work
will be commenced upon the new
building Immediately and it Is thought
tha+ If will he ready for plaStering by