Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-06
CONTINUED from Page One.)

IN the iurv room as exhibits, they Were
examined more out of curiosity than
for anaother purpose.
several of the jurors said that the
evidence of the weights and the COM
mutations from the documents were
regarded as the essential bits of evil
dence. while others admitting the i'm
portance of these said they regarded
the classifying of the weights by Be-
shan. which defrauded the government
out of $4,000 without a chance of Bos-
han benefiting except through Terry
This together with the others evidence,
was the main thing in bringing the
Jury to an agreement on verdict OF
guiltyv
All the jurors talked with expressed
sympathy for the families of the re-
spondents and for the men themselves
They said that it was painful duty
but the evidence seemed so conclusive
to them that they could bring In no
other verdict.
The original bail continues and the
respondents are out under il pending
a decision on the motion for ne"
trial.
District Attorney Whitehouse closed
as follows:
Counsel for the defence have in the
course of their arguments taken occa-
sion to refer to the wife and children
of those respondents, with the PURPOSE
no doubt, of thus indirectly exciting
your sympathies in behalf OF the re-
spondents themselves For TINS 90
not blame them, it is natural, 1t Is
usual. For the innocent families ana
relatives of those men who have Tor
gotten that in their wives and children
they nave given hostages, as II We're
to society, who have become oblivious
Of the duties which they owe in this
regard, and so far lost their manhood
and honor as to become guilty of
crime. for these innocent and unfortu-
nate persons l say, l have always had
nothing but the deepest sympathy and
respect, and so, gentlemen, 1 know
have you.
But you also know, gentlemen, as
well as /, that much considerations
Of sympathy and mercy have no place
in your deliberations. No man lives
wholly himself No man is so alone
that somewhere there is not wife
or relative, q child or friend whose
heart will not be pierced with grief
ard sorrow by his wrong doing and
consequent punishment and disgrace,
and if jurieS were to allow these soft
hearted considerations to influence and
sway their minds and Judgment but
few criminals would be brought to
justice The scource of mercy in judicial
procedure is with the judge upon the
bench. The punishment for the crime,
as I have told you, it may be large
or it may be small.
If the younger of these two respond
ents as the weaker character and the
tool for the older culprit and stronger
man should deserve consideration, the
court is here to give it, and you can
safely leave these considerations Who'll
~ in his hands. The government
might in this case have indicted the
respondent, Bosnian, alone, and I'M
doubtedly secured an easy conviction,
and allowed George F. Terry to go
free, but such q course has never aD-
pealcd to me as Il prosecuting officer,
to prosecute the agent of the con-
Spiracy and let the principal, the orig
inator Of the crime, escape.
Indeed, to my mind, it is the great
est danger of our social institutions
and the greatest bar to a just admin
istration Of our government for the
people and by the people today, that
the man of wealth and influence by
this power of corruption of the weak
and needy in the public service, may
thus ride rough shod over laws and
,I,A. -t,rl,t Of ttD
government and the people, and yc,
often, far too often. escape the prison
bars.
But here today we have brought be-
fore you at the bar of this court both
the instigator and the agent. the
powerful as well as the weak, the cor
ruptioniSt and his tool We have
placed the principal, not behind his
weaker instrument where he mas
hidden heretofore, but to the front to
hear as he should the brunt and bur-
den of IFS wrong. We have shown
you how he in combination with the
other has debauched our public service
and impaired the fuctions of govern
ment and defrauded the people of
their revenue. and now, gentlemen, it
and see to it that here. at least. there
shall be no miscarriage of justice.
In behalf therefore of the govern
ment Of which | am but the humble
representative, in behalf of the people
of this district whose interest this
government is instituted to protect. in
behalf of the purity of our public SER
vice and the integrity of our institu-
tions I call upon you without hesita-
ton or compunction, as promptly as
may be consistent with due delibera-
ton, to place your seal of condemna-
ton upon these acts and enroll upon
the records of this court your verdict
of guilty against these two guilty men
AT the conclusion of the district at
torney's argument Judge Hale charged
the jury at length on the law as ap-
plicable to the testimony produced
He explained the law in regard t.
conspiracy and as to reasonable doubt
AS to whether the publication was a
we'll known as Sawyer's Magazine
the title alleged in the indictment o
as Sawyers. which the defence claim
is the only title, is matter of fac