Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-10-22
Everett Holds Up Well Under
Observation-Disclosures Last
of the Evidence Given.
ARGUMENTS FOR BOTH SIDES.
Able Reviews OF Testimony and Pleas by
Counsel For ACquittal and Conviction
Judges Charge This Morning.

cause she said she did not t2ke that
letter signed Jennie Radcliffe in
which she asked Everett to send her
So
Mr. Swasev called attention to the
t stimony Of DR.. Hennig that il was not
necessary for splintcrs to be IN the hole
in the ground if the explosion took
place above the floor. and the attorney
declared that the State had net d2rHd
to ask Prof Robinson about the splin-
tiers.
MY theory" continued Mr.. Swasey.
'is thai Edgar Radcliffe was i:nprisCn-
ell in the little powder house. that he
stood with his back to the wall and with
his right foot against the door. at
tempted to push i; open. Dynamite fell
to the floor ana exploded. His LETT
boot was blown off and the under part
Of his light leg was lacerated."
Mr. Swlscy said the knife wound
might have been made by Radcliffe
having the knife in his hand when the
explosion occurred. He added: 'lf that
knife blade had boen stack into the
neck Of Radcliffe by tlTe hand Of Ever
it, what wonld have happened to il ,
, Everett would have thrown it as far as
he could but il was only an arms
/ length from the body of the dead boy.
Nov the state has another theory.
They sent the stomach OF Radcliffe to
Prof. Robinson. who found that there
were. pork. potatoes. whisky and apples
in it, I should hate to be Judged by
what I have in my stomach I'M
state will claim that Radcliffe .,tr ana!
drank, with Everett and then went ont
to his 1oath."
Mr. SWascy in closing called attrn-
ton to the fact that Everett remaining
1T the mine after the explosion as he
ing the act Of an innocent man If he
had just cut Radcliffe's throat argued
the attorney. il would hav" been nat
urll for Everett to have hurried away
from the scene Of the crime.
Attorney General Warren =. Phil
hronl; ".cncd his argument for the
state ny saving that while tn" counsel
for the defence. MIR. SWaSeY. had de-
clared it to lie the states duty to pro-
diice all the facts iii the case. The state
was criticised now for doing that very
thing. Mr. Philbrook declared that the
cause of Radcliffe's death had been
shown to be suffocation and there had
been no denial of it. The source of the
blood in the lungs, he said had been
shown to be 4 wound in the throat.
The piece of flesh from I>adclift s
throat. which was one Of the States
evnibits might be examined by the
Jury he Sid. to determine how inns
wound was caused. He said that Mr..
Swasey. judging from the evidence pro-
duced. had evidently had a theory q,
one time that this wound was made by
corrugated steel. but he did not think
| if necessary to discuss this in his argu-
ment.
"Either the wound was inflicted by
Radcliffe in committing suicide. was
! made by accident, or was put there with
felorious intent" argued Mr.. Philbrook
| "If he had committed suicide you would
eynect to find this knife somewhere near
his rerson. I do not believe man can
| Dammit suicide. throw the knife behind
| him and lie down with his right arm I'M
der him. If that knife cut tile boy $
| throat by accident. how is it that the
| body went Is feet away and the knife dlo
not go with it? And if that is true. how
i II that some Providence pushed the
knife into the throat, pulled it out and
l
| IF this wound shows that the knife was
welded by someone. it was felonious Kill
| ing
| As evidence against the theory that the
| wound was self-infiicted. Mr.. Philbrook
directed the jurys attention to the cloth
ing of Edgar Radcliffe, showing that
| there were no blood spots on the right
| sleeve of the coat as, he argued, might
have been expected.
"Our contention" he continued, Is
that dynamite was placed outside the
walls of the building and under the floor
and it leads us to the conclusion thai
there was an outside agency. 1t has
boen shown by the testimony OF Prof
Robinson that modern dynamite can be
exnloded only nv the use of an electric
or a powder fuse. Do YOU suppose tina
T t,dear Radcliffe took the fuse into tina
house and wrought his own destruction
The defence says there are hundreds o
rieces of fuse on Croker Hill, bot they
did not bring in one single piece to ru
alongside these exhibits"
Attorney Philbrool ridiculed the iie;
\