Daily Kennebec journal., 1906-04-20

Iicyed The speaker also paid ms re-
spects to Judge Peabody. the presiding
| Justice. The jury was admonished. too.
not to be influenced in it's deliberations
| by the thought that new trial might
he granted. or that new evidence may
he found. Such an action would be
co,yardly. said Mr.. Heath. He reminded
the j,.fy of their oath and impiored
them to be honest, fair and not coward
" ."This woman stands before this
Jury today, clothed in the white robes
of Innocence. as far as the law Is con-
cerned She is no more to be considered
guilty than one of you-if you even m
dicted as she had been. The burden
of proof rests upon the government ana
every doubt as to her innocence must
be made clear to YOU by the states
counsel before you have 4 right to con-
side: AMI declare her guilt
.'Wnat is a reasonable doubt? The
best definition that | ever read WAS
that the expression defined itself and
re-led no further explanation. First.
if must be doubt, and second. Il rea-
sonable Goubt-a doubt for which there
must be some reason"
."Ehat is murder" asked Mr.. Heath.
and continuing h. said that the court
wcull tell the jury what murder was
Uc also said that the court might de
fire the offence of ''munslaughttr," bur
that he did not see how II figured N
this cause. The government, he said,
did not seek To prove such CRIME
ana the defence protested against S'lth
a verdict. The government claimed
that th, prisoner. was guilty of MUIR
dcI in the first degree, and Sll" must
either he proven guilty and Il verdict
50 rendered or she must be acquitted.
There was no alternatives, Mir Heath
insisted. 4 verdict of manSlaUChtcr in
this case would be cowardly and dis
honest.
MIR. Heath consumed nearly two
hours in the delivery Of this general
introduction to his opening argument.
He said that lie felt that tho jury was
weary Of the lOnE-,raWn-Dut tr'ai,
hut that much of the exhaustive tN-
animation Of the SO-collrd "ignnr1nt'
witnesses WAS VERY necessary 70 the
caus,. and he implnrcd them 70 be
charitable ana not let any effect be
made upon their minds because Of the
extend, trial.
The husband of the accused woman as
"a splendid and nohl" man without
myuHs aud With nothing of his own
but his little h1m" his wifi" and chill
Iren-and over faithful to TIN" mother
Of his owm chilircn-thc staunch"et and
strongest believer in his Nilc's innu-
cCncc.
Mr. Heath repeated his contention
mad" in his opening address that the
government must show beyond 4 rca
sonahlr doubt that Charles Northy did
not commit suicide. He sail that the
prisoner had a future to ike out, Ia
live among the gpssipS ana di&solut"
characters WhcSc mofie ot lives are
stamped clearly upon their fares.
NCr WAS it & case of murder Ns. sui
eide. 1t must be proved beyond all rca-
sonablc doubt that a murder was conf
mitJrd ana by the prisoner i'll III" dock.
Mr.. Heath asked the jury to rl1c"
the true valhc of the partisan expert
testimony, and take int" consideration
the dumb witnesses brought forward
by the defence, and he said: Il have
brought these tru" Witnesses before
you that You may know tn" real hou-
est and whole truth. | have brought
you this wall from the house that y0H
may know the truth, and / have called
Charles Northy himself from the graz"
for you to learn the truth
The speaker made strong claims for
the rights of American citizenship ami
said that the jury system was its great
boon ana safeguard.
cit mat ters not how weak may DC this
wonan--s!le is a woman. and no man
can understand the ways of. woman
no one can. We cannot unravcl IN"
story Of this woman's vanity even
cannot unravcl this Woman's folly. WE
cannot ask you to approx" Of whatever
weakness she may have exhibited"
MIR. Heath said that he did not rro-
pose to spend much tim" on the may.
troublesome testimony 0f troubled doc
tors. 81 will not trouble You with tin"
corpus colosseum" or the corporal
albicanthia" which my learned friend,
the attorney general, discovered with
some assistance Of DR.. G"rrish. / viii
not trouble yOu with these things. | Hd-
miro Prof Whittier, but was sur
prised 10 see him here in court as ~
anatSmiSt--I was surely surprised.
And there is DR.. SturtCvant on. ! want
to be kind to him. lie is my next door
neighbor. but / want to bc kind to him
and cap. | would be severe. too. if
[ wanted 10, hut it is not necessary
and can be kind"
Mr.. Heath paid his respects to pr.
Bradbury ana referred to Piu!"r'ou
Detective Martin as being z m"n.hcr
Of profession whose business it WAS
to accomplish the murder Of Wnrknl"n
for pay. Mr.. Heath repeated that II"
had no occasion to offer q criticism Of
High Sheriff Ham and he believed that
he had kcrt his oath, and he hoped
that even in the heat Of argument n"
would lot no word drop to intirnlt"
thrt ne could offer criticism.
"B,forc I am through, gentlemen. !
shall summon Charles Nnrthy from The
pr;.vo and YOU shall know the trn'h "
for Charles Northy has sent his mes
and it cannot hc doubted, thcs"
dumb si~ns that cannot lie. Ana AS did
the Lord do with cain. SO did Charles
Northy put a mark upon his forehead
: !, rr,isrIt live her life