Daily Kennebec journal., 1904-04-18
RELEASE CERTAIN.
Brother Of Tucker Believes
in His Innocence.
The Case Somewhat Like That Of
Jane Toppan.
Government Will Not Set Up Claim Of
Robbery.

Boston. April live have the
evidence in our possession which
we are confident will easily clear
my brother" is the assertion made,
Saturday, by Walter f. Tucker, broth
er Of Charles l.. Tucker, who is await
ing trial charged with the murder of
Miss Mabel Page.
The elder brother made a statement
in response to the inquiries made of
him by several acquaintances He did
not state just what the evidence for the
defence was, but assured those with
whom he WAS talking that there was
no need of worrying as 10 the outcome
of his brothers trial.
Since the arrest of Tucker a strong
sentiment in his favor has developed,
not Only in Riverside and Auburndale.
but throughout the Newtons. While it
is admitted that his record is an unen-
viable one, the opinion is freely ex-
pressed that he had nothing to do with
the murder.
1t is declared that Mabel Page was,
no boubt, perfectly familiar with Tuck
er's record; that when his wife was
drowned her brother Harold must have
certainly called attention to it, and. in
view Of all this. it is said, she certain.
ly would have been the last person
freely to admit Tucker into her home
and leave him alone there while she
went upstairs to change her clothing.
1t is by no means assured that the
grand jurors of MiddleseX county will
be summoned Immediately to meet in
special session to consider the evidence
submitted by the commonwealth
against Charles l.. Tucker of Auburn
dale. accused of the murder of Mabel
Page.
There IS vet TO be further consulta-
ton between Chief Justice Mason OF
the superior court. the officers of The
commonwealth and also with the at
torney for the defence. While it is the
belief that the interests of the defend
ant, as well as of the commonwealth
would be best subserved by an early
summoning Of the grand jury there is
no desire to be in great haste. Every
move THUS far made has been one of
careful deliberation. as evinced in the
arrest of Tucker more than Il week af-
ter the killing of Mabel Page. His de-
tention on the Monday night following
the murder was due to his own act in
absentinG himself SO mysteriously on
that day, the very morning taht his
statement appeared in the papers as to
whom he met at Cutters Corner at
high noon OH the day of the murder.
Tucker went away as early at 7.20
o'clock in the morning. taking the
Riverside station as il point of depart
ure, some distance farther away from
his home than the Auburndale station
OH the main line. There was no ink
ling of where he had gone. except that
he talked of going to st. Louis. His re-
turn in the evening at 5.45 o'clock was
quite as mysterious as his going; hence
the request that he should go to West
Newton and account for his move
monts. which he did voluntarily .and
was then released as soon as his state
ments were verified by the officers.
His arrest on the Saturday subse-
uuent to this detention was made only
when it became essential in the light
of the developments Of the case. which
have been remarkable In that each new
phase was exactly Confirmatory of its
predecessor.
Inquests are no longer in favor. and
there appears 10 COOL reason for one in
ITIS CuSt, 'bctdus'' II lIiE NY lhN tb''
grand jury answers the same purpns"
and saves unnecessary time. 1t has
never been permissible in this common
wealth for the prisoner to be represent
cd by counsel at an inquest. This was
the memorable contention in the Bor
den case. when cx-Gov. George u. Rob
inson raised the point. The grand jury
is the grand inquest Of the common
wea tn. ?nd as it hears the same facts
that lower court inquest must hear.
there seems no good reason for going
over the same examination twice. The
rights Of tho defendant are even better
secured before Il grand jury. in that
the hearing is cxparte. and all his
rights are conserved to him. since he
does not appear before the Jury. as he
might be compelled to before an in
quest, as was the case OF the defendant
in commonwealth vs. Borden.
Whoever killed Mabel Page. his mo-
tive was lust Robbery is entirely out
of the question i'm the premises. de-
generate. carried to such honlicidal
hystcria i'm the excess of his desire. as
stated by a well known pathologist to
Herald representative. would demon
stratc the resultant nervous shock tn
his system quite differently from ono
who committed the murder 10 conceal
a burglarous attempt upon the valu-
ables Of the household in which he had
been discovered.
In some respects it may be found that
this case is analogous to that of Jane
Toppan. While it has been repeatedly
denied that there was evidence that the
victim in the Weston murder had been
criminally assaulted. it has not yet
been denied that there was an attempt.
Should the grand, jury be summoned
together in special session within the
next few days. it will be necessary that
a justice Of the superior court be as
signed to charge the jury: and, the
jury having taken up the consideration
of the case. the special session of the
superior criminal court for Middlesex
would remain open until the grand jury
made its report. If the prisoner at the
bar be then indicted his plea, would be
remanded to East Cambridge Jail to
await an assignment for his trial be-
fore two judges Of the superior crimi.