Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-30

slim. When asked if his wife should
be sent for, Glover seemed to hesitate
and then said: Yes. she will not shoot
me-"
| Police Sergeant Curran of Waltham
signed a statement after Glover's death
| embodyng what Glover had said be-
fore death. He also interviewed Mrs.
| Glover and asked her if she shot her
husband. She replied, NO, no. no.
| Judge Bond after hearing arguments
of counsel ruled that the government
in its opening argument must not re-
| fer in any way to the alleged ante
mortem statement of Glover accusing
Hattie lie Blanc with shooting him.
Judge Bond said that tomorrow morn
ing he Will deliver his finding whether
such evidence may be introduced dur
inc the trial
When the afternoon session opened at
O'Clock. the court room was stormed
by crowd of more than 1900 men and
women who struggled. josted and pushed
| In their efforts to get in, and against
| whose charge the police and court officers
| were well nigh poweress. The jury was
| again sent from the court room and Mel
| vim M. johnson of defendants counsel
| began his argument to support the mo-
| ton for the exclusion of Glover's alleged
ante-mortem statement. Mr.. Johnson cit
ed numerous rulings to support his con-
| tention. He declared that the prosecu-
ton must satisfy the court that Glover
alleged accusation against the LIE Blanc
| girl was made when he was sure that
there was absolutely no hope of his own
| recovery. He then argued that Glover,
| up to the very moment of his death, ex-
| pected to recover and That the last word :
| the victim of the tragedy uttered before
he expired were: why don't they op,r-
ate on me-"
Mr.. johnson also mentioned the story
| of Dr. Dowd to the effect that when
| Glover was told that his wife was at tho
hospital he remarked: she won't shoot
| me, will she?'
| IF he knew he was dying why should
he care whether she shot him or not?"
| queried the attorney
District Attorney Higgins. replying to
Mr.. Johnson. declared that Glover had an
absolute conviction that he was going to
die. After referring to the technical le-
| gal principles involved, the district attor-
ney said that witness named Corner
said to Glover: Good God, man, you are
| dying" to which Glover, the district at
| torney said replied: Il am dy ing. Hattie
! LIE Blanc shot me-
Mr.. Higgins referred to the Casey MUIR
| der case in Massachusetts where a wO-
| man was struck over the head with an
axe. Before she died she was asked who
| did it. and although too weak to speak
| she squeezed the hand of the doctor when
| the name of Casey mentioned, and
this was allowed in evidence as an ante
norton statement. In closing. Mr.. HiS-
| gins declared that the attitude of Clar-
cncc +. Glover was one of resignation.
Attorney johnson replied heatedly to
) Mr.. Higgins. He called attention to the
, fact that when Policeman Tully told Clio
, Yer he was making dying statement
Glover did not assent to it. "A capital
! case" continued Mr.. johnson, SIS no
! place to bubble as to evidence. a learn
! cd justice has said that if clubbing with
! evidence is ever to be Justified it is to be
! on the part of the defence, but at no
| time is the government justified in quib
, bling with evidence. or with crowding
! evidence into case.
Five, six and seven times Clarence
Glover asked about his condition, yet the
! district attorney says he did not ask
what his chances were. When Clarence
! Glover asked repeatedly concerning his
. condition. what did he do if he did not
/ ask what his chances were? Again 1 say
/ that this is no place to bubble with evil
lence. especially when a child is on trial
! for a capital crime"
i Then turning toward the district attor-
ney Mr. Johnson said:
You say, Mr.. District Attorney, that
Glover did not ask about his chances. I
say that he did. 1t stands upon the rec
ords. 1t is shown by the testimony of
! DIR. Mcdonald and Nurse Gertrude
| Shaw
Mr. Johnson concluded by declaring
that Glover was not resigned until he
! folded his lands on his breast and muir
INJURED: "God forgive me for my sins.
| Why did | do it?''
! Judge Bond said that the evidence in
the case was peculiar and unsatisfactory.
OF three witnesses who tell the same
, thing, only two tell it alike and in many
respects these two. he said. differed con-
siderably
II am Inclined concluded Judge Bond,
IF am to rule now. to exclude the evil
dence. but shall read it over tonight to
be sure that | do not miss any of it. 1t
must not be referred to in the opening of
the government. In the morning l will
rule in full
The district attorney then addressed
the court, stating that if the evidence
should be excluded the character of the
case would be changed and that he would
have to rely entirely on circumstantial
evidence. as much of the direct evidence
in the case could not be referred to. The
Judge said in reply that he would rule on
both questions tomorrow.
The court then adjourned and the open
ing argument of the district attorney will
not be made until the court has ruled in
full on the questions of forbdding refer
ence to the alleged ante-mortem state
ment as well as excluding it from fur
Their consideration.
! ASPHALT MINE EXPLOSION.