Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-01-27

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mad seen no so bill changed
Reynolds was recalled and asked if
Mr.. Mckenzie went up to the Bay
View or down the street.
objected to by the State.
Was Mckenzie's name mentioned in
the lower court trial? Was il true or
false?'
Don't remember what l did answer
on that question Oct. -
You do remember what took place
IN Judgo Shaw's court Oct IT,
Yes SIR
Court adjourned until 40 P. NJ. at
this point in the testimony.
AT the resumption Of the afternoon
session the Reynolds enress case was
resumed, Mr.. Clair arguing for the de-
fence. The accusation tv the govern
ment - assault and robbery. 1t was
his wish, Mr. Clair stated, 10 20 over
the testimony in a fair and impartial
manner showing the matter in a fav-
orable way for his clients.
Air. Clair then proceeded 10 review
the facts Of the case. He thought that
the men were all agreed upon what
TRANSFERRED 1T the first meeting The
time OF the FIRST meeting does not seem
to be material. Reynolds buying liGunr
on the street he considered entirely
probable, i"r il is a frequent occur
renee. Air. Clair stated. for Iinlor 10
be sold on the streets by pocket ped
dlers.
Mir. Clair then proceeded 10 review
the distances and times mentioned in
the testimony and thought that it was
M NOS Sjilla that val .h bol
ed the time OF the robbery, if any &C.
CURED, correctly.
II there was a robbery committed
across that river in that little neck Of
woods" said Mr.. Clair, lit was not
later than 10 minutes Of ) O'clock"
Mir. Clair explained that Callahan's
testimony could not be believed in all
parts, for il seemed impossible. that a
man could forget so many facts regard
ing the location of the buildings, etc.
near the bridge if ne had ever seen
them.
why does Mckenzie deny that he
went down the street mentioned -
You can't expect the officer to be
friendly with these parties. II would
be like trying to wit oil and water to-
gether.' Mr.. Clair in his argument
seemed to be quite certain that testi-
mony from an officer would be biased.
Mr. Clair referred to the testimony
! of Mr.. and Mrs. Harlow. Although
Mr.. Ecane had asked some sharp ques-
TONS h. did not consider the testimony
particularly damaging. She stated
she did not go before the lower court
because she was frightened" Gentle
men, isn't this a reasonable excuse?''
Gentlemen, as Reynolds friends, I'm
glad they came
Again Mr.. Simpson says Reynolds
ran away from him." Mr.. Clair did net
think that Reynolds ran away from
Simpson on the account Of this crime,
but for other reasons. The men telling
their criminal records, Mr.. Clair con-
Sidered 4 point to be considered in
weighing the evidence in regard to the
truthfulness of the respondents.
Mr.. Clair closed by saying, MAY
God help you in arriving at a con-
clusion that will be just to the men and
the government" Mir. Clair's flea was
considered one of the best tina; has been
heard this term.
County Attorney Beane then address,
ed the jury. ANY verdict that the jury
may arrive at will not injure them in
any way, after the terms that they
have served in reformatories. Attor-
ney Beane complimented Mr.. Clair on
his able plea and asked the jurylnen to
| argue the. case in the jury room. The
question of time Mr.. Became did not con-
slider highly material. Had no obiec-
ton to the various witnesses examined
in regard to the distances.
Mr.. Eeane said that it was untrue
that Jenness and Reynolds had not
talked the matter over. as they claim
ed. Under ton Reynolds
stated he did not leave the corner until
after ) o'clock Think there is no pues-
ton that the men are mistaken about
the time. Mr.. Beane then reviewed the
case starting with Callahan's tes;i-
mony. Refers to him as Il poor. ignor-
ant Ir:shman. VINO did not know when
he came over from Ireland Would
it be possible for You Mr. Foreman, or
! for any man to rchearse the facts stat
ed BY MIR Callahan" ii was
Gods own TRUTH" said Mi. Bcanc.
The county attorney then coatrasted
| the stories of the two men. Callahan
and Reynolds and asked the jury which
man they will believe" Reynolds has
come upon the stand and we have
shown him 10 be a vagrant. The
county attorney advanced lie idea
! that the men let Callahan have the
bottle, as it is easier to rob a drunken
man than one that is sober
| In an eloquent and able manner Mr..
| Became reviewed the balance OF the case.
which went to the jury, after an able
! charge by Judge Hall at 81. r. NJ.
Tho next case called was that of the
! State VS.. Geo. ST. Peter. WatcrvilIe. ct
! al. charged with breaking and entering
! in the night time and larceny of two
! grophophoncs.
! County Attorney Became stated that
| his mother was very i'll and that if he
was sentenced to State prison the shock
! would be 50 great that his mother
would not be able to survive The
Young man entered the plea of nolO
! cnntcndere ard the charge Of breaking
! ana entering was mol pressed ~ Coun-
! ty Attorney Beane.
| Geo ST Peter was put on tie stand
| and testified in regard 10 taxing thu.
| TALKING machines. Went with Eddie