Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1907-10-29

in his own right hand, thrown up by the
force of the explosion and plunged into
the throat.
The theory of the state that Everett
went back after the explosion and plung-
ed the knife into Radcliffe's throat Mr..
Swasey denounced as dastardly con-
ception.
In closing Mr.. Swasey asked II the
jury had seen any indication of guilt in
the appearance of the respondent, either
on the stand or at the scene of the ex-
plosion on the Tuesday previous, and
finished bis address with an eloquent
reference to the scene spread out before
them from the hilltop that day, which 1t
might be in their power to say Wallace
Everett should never see again.
About an hour and three quarters was
occupied by Mr.. Swasey, and at the
close he was warmly complimented on
all sides for his able effort for his client.
Assistant Attorney General Philbrook
spoke for about two hours, and though
it was quite little past o'clock when
he closed, no one of the large audience
had left the room. 1t was most clear,
logical and powerful argument, built up
step by step and showing full familiarity
with every detail of the evidence.
Regarding the matter of circumstantial
evidence, it is often the fact, said Mr..
Philbrook, as in this case, that there can
be no direct evidence. For the most
part, circumstances can not lie.
When man is charged with murder,
there may be several defences. In this
case they say there has not been felo-
NOUS killing, and it is our duty to begin
right at this point.
A fundamental fact is the cause of
death, and that is given by the surgeon
as suffocation, resulting from the blood
from the wound in his throat. We don't
need to 90 beyond the wound in the
throat. Mr.. Philbrook dwelt at con-
siderable length upon the wound, as one
that could have been made only by
sharp instrument, blunt on one side. Was
it self-inf1icted, by accident, or by some
outside person?
The suicide theory would be absurd,
in view of all facts. Could such a wound
have deem inflicted by accident, and If it
could, would there not have been some
blood on the hand or sleeve? Yet Mr..
Philbrook took up the coat and showed
that there was no blood on the sleeve,
and said when the young man was found,
the knife was behind him, and the right
arm was under him.
With the irresistible conclusion drawn
that the wound was Inflicted by an out
side party, Mr.. Philbrook passed to the
discussion of the location of the explo-
sion, which he said was shown to be out
side the walls and floor of the building
BY the fact that there were no splinters
in the dirt in the hole and that there
were pieces of wood at the bottom of
some of the wounds in the body.
The possibility of verdict of man.
slaughter, on the testimony of Everett
himself. was suggested by Mr.. Phil
brook, on the ground that by fasten-
ing man into small building contain
ing large quantity of dynamite, he was
guilty of criminal carelessness.
The question of motive was taken up,
and the alleged threats, one of which had
not even been denied by Everett, were
commented upon. Mr.. Philbrook tAen
turned to the insurance matter, and
traced the history of the several policies,
showing that one of the policies was as
signed to Everett absolutely, the other
conditioned only upon the death of Rad
cliffe before that of Everett, and that the
notice of reinstatement on the latter
policy was sent to Everett only three
days before Radcliffe's death.
As the hour was late, Mr.. Philbrook
ran rapidly over the various circum-
stances which, as he asserted, all con-
spired to connect Wallace Everett direct
ly with the death of Radcliffe. "The
state has no theory, gentlemen" he
said. "It simply puts the facts, and all
the facts, before you"