Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-04-04
NO new TRIAL.
Tucker Must Pay the
Penalty for the Murder
OF Mabel Page, In Weston,
Mass, March 81, 1904.
Judges Sherman and Sheldon Refuse
counseIs Plea.

Cambridge, Mass, April 3.-The mo-
ton for a new trial for Charles l..
Tucker. convicted of the murder Of
Mabel Page. is denied In decision
reached, today. by Judges Edgar j.
Sherman and Henry N. Sheldon. who
presided at the trial. and made public,
tonight.
The decision Of the court has been
mailed to Sheriff John r. Fairbairn
and will be read to Tucker. tomorrow
morning.
Mabel Page was stabbed to death at
her home Iii Weston. March 81. 1904.
Tucker was arrested on April 3, fol-
lowing, and indicted on June 8, for
| murder In the first degree. On Jan. ~.
OF this year, jury in the Middlesex
superior criminal court, returned 4 YER
dict of murder in the first degree.
fuckers counsel appealed for new
trial on the ground that the verdict
was against the evidence; Judge Sher-
mans charge included erroneous in
structiOns to the jury, and because one
of the jurors took notes during the
trial.
In denying the motion. the court
not affected by the taking OF notes BY
| the juror; that the judges Instructions
were in accordance with the law. and
that the verdict was a true one. and in
keeping with the evidence.
james H. Valley, senior counsel for
Tucker, was first informed of the
judges decision by a representative Of
The Associated Press. tonight. He said
that 4 bill of exception would be filed
Immediately with a view to carrying
the case to the supreme court. Beyond
this statement, Mr.. Vahey declined to
discuss the decision. ,preferring. he
said, to wait until he had received Of
fetal Notification that their appeal had
been denied.
The fact that their son had been de-
MED new trial will not be made
known to Mr.. and Mrs. Tucker until
tomorrow. MIR. Tucker Is in poor health
and Immediately after, his son was
found guilty, he was confined to his
bed and ii was feared at that time
that lie would not survive the shock.
He is still in an enfeebled condition
and only once since the trial has he
been able to visit his boy at the East
Cambridge Jail.
Tucker. who is 90 years Of age. il
confined in the county jail ut East
Cambridge. Sentence will not be passed
upon him until the bill Of exceptions
has been filed.
In discussing the basis upon which
the new trial was asked. the COURT
declares that there is no evidence THAI
the notes taken by Rev. William n.
Mason, one Of the jurors. were seen by
any other juror. or that they In any
way worked to the prejudice OF the
prisoner.
AS to the instructions to the pury.
the court holds that they were proper
and in accordance with the legal prac-
tice Of this state for half n century.
To the claim that the verdict was
against the evidence, the decision reads
in part as follows:
1.-THE jury was, as we have said, an
unusually able. intelligent and fair
minded pannel. The prisoner has had
ii patient, fair, and impartial trial. and
we feel 1t our duty to say. after going
over all the evidence. that In our judg-
ment the verdict which the jury had
rendered was well warranted by the
evidence: that verdict of acQuital
would have been a failure Of Justice
AS the time limit expires tomorrow.
the counsel for Tucker must file their
exceptions with the clerk OF the SUI
perior court for Middlesex at Cam
bridge before five o'clock, tomorrow
afternoon. Counsel will receive Of
fetal notice OF the denial Of the mo-
ton for a new trial in their evening
mail. AS Messrs. Vahey and lines
have already conferred with Attorney
General Parker several times since
the jury returned its verdict. 1t Is an
ticipated that the conference tomor-
row the opposing counsel tomorrow
will be merely formal and that the
final compilation for the defence VIII
take but little time. 80 that the list
will be deposited with the clerk OF
the courts for Middlesex county some
time tomorrow afternoon.