Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-01-17

cred of no Importance. Tucker had IL
with him in his pocket on the day OF
the murder and dropped it. The knife
was fuckers but the blood on it did
not come from the body of Mabel Page
and he could prove it beyond all doubt
In closing Mr.. Vahey said he wished
to ask OILY one favor of the jury ana
that was that fair treatment accorded
the prosecution be extended to the de-
fence.
Tucker showed the deepest interest in
the argument of his attorney. Leaning
forward in his chair apparently that no
word might escape HIM, he gave mark
ed attention. At the conclusion, as MI.
Valley was calling Coz fair play the de-
PENDANTS eyes glistened and flush
swept over his face. With the closing
words, however, his interest in the pro-
ceedings apparently vanished II" set
tied back in his chair and after look
ing intently for j few moments at the
judges and then at the jury resumed
his customary idle habit of gazing
about the room.
The defence wished to call Chief Fred
A. Tarbox of the Newton police as its
first witness, but he could not be found,
and pending his arrival, Prof. z. Fra
ger Of Philadelphia, a handwriting eX-
pert, took the stand.
After some technical evidence by the
witness, he was interrupted and the
Jury left the courtroom pending fur
Their argument on the question of the
search warrant on which the knife in
fuckers house was secured.
Fred A. TarbOx, chief of police of
Newton, at the time the visit to Tuck
er's home was made, was called to the
stand and identified the search warrant
shown him by Attorney Valley. He
said that the search was intended to be
made for the knife.
Attorney General Parker objected, on
the ground that such evidence was in
competent. The court ruled however.
that it might have an important bear
ing on the case.
Mr.. Tarbox said on cross-eXamination
that although the warrant called for a
graphOphone, the intention was to
search for knife. He said, however,
that he believed it possible to find in
fuckers home a graphophone stolen
from a person at that time unknown to
him. He was told by Mrs. Tucker when
lie Ntlll W llit lltuSt tlitil NIii'i III NtA7
innocent and he was at liberty to
search the house if he wished" There
fore he did not exercise the rights
named in the warrant, but proceeded to
look for the knife.
Inspector Fletcher Of the Newton po-
lice department, testified that previous
to April 9. he had done nothing regard
ing a stolen graphOphone.
Clerk Francis w. Sprague of the
Newton police court, testified that eth
er a state or a local police officer asked
him for a warrant to search the Page
house for eN dtnCe in connection with
the murder of Mabel Page. He was
then asked by the officer if he would
issue a warrant for stolen goods, and
he replied that he would if the officer
would make oath that he had reason
to believe that such goods were in
certain house He said Chief Tarbox
then made such oath and the warrant
was issued to search fuckers house
for a grap hophone. Witness said he
supposed at the time that this warrant
was to be used in a search for evidence
IN connection with the Page murder
ana against Tucker. He would not
swear, however, that he knew that the
real object was to search fuckers
ho,ise for knife and other evidence.
Mrs. Lucy A. Tucker. mother of the
defendant, was then called.
Tucker watched his mother closely from
the moment she came into the room un-
til she left witness stand. She was not
nervous during the direct examination,
and several times she looked at the de
PENDANT and smiled at him. She deScrib-
ed the visit of the officers to her nom
fercd Il search warrant by STATE. oftictf
Neal. but she did not take Ii. The OIL
GERS then went upstairs
On crOSS-eXaminatiOn by Ally. 'cii.
Parker witness said that had the officers.
been without q warrant she Would n"i
have allowed them to search the house.
The questions of the attorney general dis
concerted her somewhat, although asked
| in kindly tone, and he was Obliged 10
| iutcrItpt her several times to Keep her
| from straving from the point at issue She
admitted that in order to prove her son
| innocent she did not demonstrate with the
| officers when they entered the house.
| ATTORNEY Valley then resumed his argu-
ment If the constitutional rights Of a
man are of any value, ne Sfldi ne, ne
| against himself. ana no one, ne ne ciNllaii
| or officer of the law, has right to make
an affidavit for the purpose OF securing
| a search warrant based on 4 suhterfuSe;
| There is no doubt that the officers secured
the warrant for the purpose o. getting
| evidence against Tucker, particularly tn"
knife"
| In response to a question by Judge Shcl-
don Mr.. Valley said he did not desire the
| matter to be submitted to the jury bun
would he satisfied to abide by the decision
| of the court. ,
| Court then stated that decision would
he announced later.
The Jury then returned to the room and
| Prof Frazer resumed the stand. He de
scribed certain characteristics of Tucker \
handwriting and said they differed greatly
| from writing submitted by the prosccu-
| ton. and alleged to have been that Of
| Tucker He then went into an extremely
technical analysis of the diff rent letters.
| during which many spectators left the
room He was on the stand when adj
| iournmcnt for luncheon was taken.
| When court came in again. this after
noon. Prof. Frazer resumed the stand.
| Prof. Frazer discussed the points of re-
semhlance and those Of difference between
the letters in the u. L. Morton address
| found on a slip Of paper on the floor of
Miss Pages room near her body; and the
letters appearing in tho standards of
fuckers handwriting. He found decid-
ed dissimlarity in the letters ~ and
Il"
In conclusion, Prof Frazer said he was