Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-01-17
AN AllBl
CONTINUED from page ~

| Tucker, charged with the IHuruer Vi
| Mabel Page at Weston, March 81, 1914
public interest in the case, as evidenced
by the crowded condition of the cour'
room every day is unabated and an ad-
ded impetus was given to 1t, today, py
the fact that the defence was scheduled
to open it's presentation, Monday morn
ing.
| The government rested, Saturday
| after having called many witnesses
most of whom were subjected TO rig
i'd cross examination by Attorney
James H. Valley for the defence and il
is expected that about two weeks more
will he required for the examination OF
witnesses for the defence.
| Long before the time for opening the
| doors spectators began to arrive and
within a short time the largest crowd
that has vet visited the court house
during the trial was waiting outside
When the doors were swung back there
was a rush for seats and the police had
hard work to keep the throng of Curl
one ones in line. Attorney Thomas F,
yahev was selected to make the open
ing address for the defence which was
expected to occupy fully an hour. 1t
| was anticipated that this would be fol-
lowed by an argument between coun-
sci regarding the admissibiity as evil
dence of the broken knife alleged to
have been found in fuckers overcoat
pocket on the night of his arrest and
against the admittance of which coun-
sci for the defence protested several
times during the examination OF W.T.
masses nv the prosecution.
lust previous to the opening of court,
it was decided that the arguments on
this point should precede the beginnlns
of the presentation by the defence anu
as soon as court came IN ATTORNEY
Attorney James H. Vahey submitted "
the judges an argument against the au
mittance of the knife as evidence. iie
said that the constitutional rights Vi
the defendant were Vloialed
the search warrant under winch tiie
officers found the knife IN 1ueNe,
house called for a grapnop.lohe. WI
Vahey claimed that the officers uiu lo.
look for a graphophone. but coniineu
their efforts to looking for evidence
n aainst Tucker Thereby re ciallne'
thew compelled the defendant TO sur
render evidence against hinse'l.
Attorney General Parker declared
that the case of the commonwealth "'s
closed with all evidence ana eXnlplts III
| including the knife and he was Vi TIC
oninion that the testimony regarding
| ~ Lpifa could not be stricken from
| the evidence. s-,,o. ha-
A prolonged conference foiioweu We
tween the attorney general, MT. NalieS
and Judges Sheldon and Sherman, d
| conv of the search warrant IN queslioi
being examined closely.
At the conclusion OF the conner ehoe
tho decision of the court was not am
nounced and Attorney Thomas Nahts
began the opening. He stood close !"
tho iury box and spoke with EMPHASIS
| "I-non YOUR finding. he SAD, depeiuS
The future of this prisoner. II res''
nth Won to say whether he shall i've OIL
a;a Let YOUR duty be performed st
that when you return to the We,coii'
- your waiting families there shall no.
Groom into YOUR minds any regret he
.hora he no accusing doubt OF lear tiia
vour duty has not been performed
Mr. Vahey then discussed at iehs'l
the nature of circumstantlal eNioeil''
| and reminded the jurymen Una. ~
ch.in of circumstantial evidence Is ~
| ..a,ra, than it's weakest link.
"pefore Won can decide against tii'
defendant" continued Mr.. Ndhts
"tbere must arise in your minds tn'
certainty that this de1ehdaii' ''" l,;a,
| Love 10 guilty of the crime with "iioi
the state charges. II you seiiu ~
tn his death the evidsnce must DC 81
thot Won can look back after the u ID
ord saw. Il have performed my dulie'
honestly and Well You cannot ash u.
who committed this CRIME IL y.
~, o+ If remains for the government
to prove him guilty. ~ !,
| I'VE might we'll rest our case ~
n.e did not wish you 20 know Jus' vic
no was doing on that day. we 9n''
| demonstrates beyond all redSoi'a'''
doubt that this boy was rot guii's y
This crime: because h cid not nav w
onnortunity to commit it. we shali ~
troduce evidence to prove II apsoiu'e',
;pnossible for him 20 have coihi'ii''e'
it." A. x,ohov
SURGEONS according to Mr.. Nahey
,,.;u swear for the defence that 1t wa'
imnossible for fuckers knife TO nav
o,rsea the wounds IN Mabel Page
hodv and further thai the nature o
Miss Pages wounds she could nav
lived much longer than the prosecutor
claims. The j. l.. Norton address, n
said will be disposed of by the defence
nroving that Mabel Page wrote II.
will be shown that Tucker cut his fnge
at the theatre and later while choppin
wood. Some of The blood stains on nj
clothing will be accounted for by thes
accounts. Some Of the blood stains tn
defendant could not account FOR ana n
would not try to account for them al
The route taken by Tucker on the "a
If the murder was traced by Mr.. Nahe
on the map hanging in the court roor
and the time consumed was explained
Counsel declared it was impossible 10
the defendant to have stopped at tn
Page house even for a minute. The pi
which has been introduced and whic