Daily Kennebec journal., 1905-01-28
JUST BEGUN.
Fight for fuckers Life
On in Earnest.
Two Courts Appealed to for a
New Trial.
Numerous Objections to Be Filed and
Further Developments.

Boston, Jan. 21.-"The fight for Tuck
er ilie has but just begun" said
CHARLES IA. lnnes of counsel for Charles
l.. tucker, now under conviction of
murder in the first degree
we are preparing our exceptions and
will nave them ready shortly"
Inc great light an the part of the de-
fence now rests upon the exceptions
taken at different times during the
trial.
Many were taken and ii rests with
the supreme court as to whether they
viii be sustained.
The first action of the defence will be
to file with Judges Sherman and Shell
don motion to have the verdict set
aside on the ground that it was against
the weight of evidence.
Little result is expected from this mo-
ton. as it very rarely happens that III a
case of sucn magnitude the verdict is
set aside by the judges.
Chief among the list of exceptions
taken by the defence. is the one reat-
ing to the introduction of the knife and
the pin. which formed 50 large Il part
of the governments case.
Mr.. Valley objected to the introduce
tion of the broken knife and the pin
on the ground that they were unlawful
il obtained from the Tucker house. be-
cause the search warrant was obtained
by Il Subterfuse from the Newton DO
lice court.
the defence introduced evidence on
this point. but in the minds of tn.
judges the evidence failed to sustain
the allegation and both the pin and the
knife were admitted.
Mrs. Tucker. mother of the prisoner.
made the admission that caused the
collapsins of the fight on the above
point when she admitted to Attorney
General Parker that she invited the Of
GcerS to make the search.
She had previously testified in direct
examination. that he was unwilling TO
have the officers enter the house.
Exceptions We're taken TO the method
of drawing jurors in some of the towns
but none Of these talesmen We're ac-
reptad for the jury.
Another exception covered the eXclu-
sion of evidence offered bv Dr. Pease,
in regard to experiments made with a
knife on Il human body. to supplement
his testimony in regard TO the proba-
bility of the Tucker knife making the
wounds on the body of the girl.
Various exceptions were taken during
the examination of experts.
The defence also excepted to the eX-
clusioin of the evidence of Benjamon
Hammond. who was to say that George
Doyle had told him of seeing Tucker
on East Norton street on the day Of The
murder.
There are no less than 80 exceptions
taken by the defence.
All these viii be argued before the
supreme court. and if the defence is
defeated there they may take the case
to the Unitd States supreme court.
Twenty days are allowed for filing
:he exceptions. hut they will be in the
hands or the court long before that.
Counsel Inn", visited Tucker in his
cell and the prisoners mother and
brother called TO comfort him.
Tucker recovered bit Thursday
from his shock.
When he awoIle in the morning he
was comparatively calm. and in reply
I" the sheriff l'e said he felt better.
He passed Il slecrl,.ss night the night
before and not until carly morning lid
he close his eyes. Tho strain OF herr
ing his doom pronounced by the fore
man Of the jury fell wilful suddenness
on him and the shock stayed with him
for hours.
He tossed restlcssly on his cot nearly
the whole night. but just before day
break fell into light sleep.
NrS Thicker has y, o,.V.rab in port
brt her hush ln.l is SILK unto death II,
may never he told of his sons fate.
Tucker will rcnain in the custody IF
Sheriff Fairbairn for some time, at
least. Not until rhc sentence of death
is pronounced Will hr be taken to the
state prison.
This may be in a few months. but
may not be for a yaar. Sentence will
," pronounced wien the case is pass
ed upon ry the supreme court II a new
trial is denied.
In case a new trial is granted it can
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