Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-24
MANsLAUGHTER THE VERDICT.
CONTINUED From Page One)

spoke for two hours at the forenoon
session Of court, pleading for the &C
quittal of the defendant. Assistant
Attorney General Warren c. Philbrook
argued for the State this afternoon.
Attorney Swasey stated that the evil
dence of Charles r. Bachelor. who had
charge of the mine and whom he con-
sidered the best witness ne had seen
in his As years experience as lawyer.
showed that Everett had followed his
instructions to the letter.
He said Everett had been a friend
to Radcliffe, but out of that friendship
he had gained no glory He COM
mented on the testimony introduced in
relation to the insurance policies and
claimed that all the evidence bearing
on them was favorable to Everett. He
laid special stress on the conversation
which Everett said he had with Rad
cliffes mother regarding Radclffe's
health and in which she asked him to
keep up the payment of the premiums,
and asked if Everetts testimony were
not true why had not Mrs. Radcliffe
appeared in court to deny it.
Mr.. Swasey claimed that after he
had gone over all the circumstances
UP to the night of the explosion, he
had not found the least evidence
against Everett's character. He dis
cussed what took place the night the
victim met his death and claimed that
Everett did nothing except what he
should have done and what his en-
ploytrs had ordered him to do.
Assistant Attorney General Phil
brook, who made the closing argument
fer the state, said that all the evidence
in the case pointed to the same person
as the author of the crime.
IN the first place Everett had the eX-
plicit opportunity for committing the
offence, and, second, he was the only
one to be benefited by Radcliffe S
death.
Under cacn Of these heads Mr.. Phil
brook discussed the evidence bearing
or these propositions. He dwelt es-
especially upon what he termed the
absurdity Of Everett's evidence, such
az his testimony that while watching
Radcliffe hiding behind a tree which
it had been shown was no larger than
a mans leg; also Everett's description
Of the manner in which Radcliffe pull
ed the staple out of the door of the
dynamite house in order to get in and
his charging Radcliffe with attempting
to steal dynamite when Radcliffe was
afraid of the explosive.
"If all the evidence in this case but
his was wiped out, said Mr.. Phil
brook. "he would stu be, from his
own testimony guilty Of manslaugh-
ter"
Judge Whitehouse then began his
charge to the jury, which occupied
about an hour and a half. He eX-
planned the law bearing upon cases Of
this character and clearly defined the
jurors duties. The questions of what
constitutes reasonable doubt and cir
cumstantial evidence were gone into
with minutenesS, and it was for the
jury to determine, he said. whether or
not any motive for the crime had been
shown
in every charge of MURDER" he said,
eff the facts warranted it. the jury
might find a verdict of .manSlaughter.
In defining manslaughter. he said:
"Whocver is guilty of culpable negli-
gence and death results is guilty of
manslaughter."
Judge Whitehouse concluded his
charge to the jury shortly before 6
to decide upon their verdict, the court
announcing that it would hold open
reasonable time for their decision.