Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-01-13
TERkiO is FREE.
Continued from page ~

| court stated that the question of the
Mcintosh testimony being material
| in the TerriO case would be the first
point to be proved in this case. AS a
| matter of law the ruling of the court
would have been in effect to dismiss
the respondents motion. but the court
went further and ordered that since
this testimony as a matter of fact was
imma terial the entry he made on the
docket "disnissed and respondent dis
charged" A few minutes later Nc
lntosh was enjoying the good free air.
Terrio is free. Alexander TerriO. the
man who has been the target of all
eyes for nearly three years in the most
peculiar case in all Of Names criminal
jurisprudence, who has had more space
devoted to him in the newspapers than
any other. whose guilt or innocence
has been the subject for discussion
wherever two or three have gathered
! about the stove in the country store or
in the city market, who has been de-
prived of his liberty up in Somerset
county Jail for the better part of three
long years. This same Alexander Ter
rio is. today. free to go where he
wishes do what he wishes so far as
he diSobeyS no law as any other citi-
zen of Maine.
Tuesday was indeed Il day of sur
prises in the supreme court now being
held in this city, nor were they sur
prises of the ordinary sort, either. The
unexpected and sudden ending of the
perjury case which many considered
in so close connection with the Terrio
case, was the first big surprise. But
| no sooner was the news spread than
the rumor got out that Terrio WAS out
of Jail. that he was free and that he
was about to take the train for his
home at ASquith or lockwood. And
no sooner had the rumor spread than
people began to make for the railway
station to verify the report and get IL
glimpse if possible of the man who
had so long been confined within the
| narrow limits of his lonely cell in the
| county Jail.
The story of the crime with which
| T"rrio, was charged is too well known
to require review here. How a young
f'renchman. Matthias Pare by name
| left the lockwood settlement in the
| gray morning of Il March day, in good
| EIiI us DttdtSt he Ilsttl IL SoOu NlIlltI -
| earnings in his pocket and was going
back to the old home up in the Cana
dian forests, how that mother anXiously
yet patiently awaited the arrival of the
son, and how some woOdSmen diScOv-
cred the murdered body month later
have been told many times before. The
incidents which led TO TevriO's arrest.
| the finding of the SnowshOe tracks by
Joe Murray and Sim Newton. the lat
ter claiming that he saw Terrio there
| near the spot. the question of Terrio's
having considerable money soon after.
are also matters with which all have
become familiar. TerriO was brought
to SkoWhegan. taken before Judge
'acheller and bound over. Later the
grand jury found an indictment
against him and he was tried and con-
victed. the case hen went to the law
court on the ground of newly dis
covered evidence and the verdict set
aside and Il new trial granted. Last
December the case again came up for
trial. Several sensations among which
Was Sim NewtOn's then made the case
more interesting. No sooner had the
state opened its case than County At
familiar with the States side than
Ianybody else. was suddenly taken with
pneumonia. The case proceeded and
the State at length rested" 1t was
then that the foreman of the jury was
also taken with pneumonia. The trial
then had to be abandoned. It came up
again at this term of court and was
assigned for trial at an adjourned
tny IN, h,.;A ie- hA IL.
tory of the case.
Yesterday. County Attorney Cover
moved to mol pros the case. Sc spoke
at some length of his reasons for so
doing which We're in substance. First.
| it had already cost the county large
sum of money to prosecute the case.
Each new trial is more expensive than
the preceding one and another would
probably cost nearly $4,000. In view
Of other facts and conditions he did
not feel like putting the county to such
expense. Second the condition of the
minds of the jury Of the last trial We're
such that it would hardly warrant
another trial. 1t will be remembered
here that there was a Widespread
rumor that that jury after hearing
only one side of the case had taken an
informal vote to acquit the prisoner.
/ Be this as it may such report could
but make some impressions on the
minds of those who heard of it.
| Third. it would be decidedly difficult
to get men, good respectable men in
this county who would now qualify
under the law as jurymen,
Fourth, the last reason was the diff
6c,1Ifv in getting yardiot
Owing to the other circumstances it
would be next to impossible for the
State to convict. the court reviewed
the case and upheld Mr.. Cover in his
position. Among other things it has
stated that the case had always been
tried at the earliest possible moment.
The prisoner was then discharged.