Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-05-12
First Of Closing Arguments Are
Made on Both Sides.
Courtroom damned and Crowd
Waits Outside the Doors.
Closing Pleas by Col. Dale and At
torney General Sargent.

NtElIiitft3i. L. My H. lie III % u
the closing arguments for b0tn the
prosecution and defence had been
made when adjournment was taken
tonight in the trial of Mrs. Florence
". Dodge Of Lunenburg. fer the al
Legged murder Of William Heath, a
Dalton y. Il. painter State Attor-
ney Henry l.. Arlcy, who represented
the prosecution aud fttorney Harlan
BaWe. who SPOKE Tor the defence
gave their arguments to the jury with
the knowledge that the defendant Will
not be hanged for the alleged crime.
Presiding Justice Alfred \. Hall an
nouneed today that generalization rot
having been shown. conviction of first
deere murler is .npossible
Tho closing argument for the de-
fence VIII he made Friday hy Sol.
Dale ard that fol. the prosecution by
Attorney General Sal gent, following
which the jury viii BE- charged ana
the fate Of the defendant placed in
its aant.s.
The taking of testimony in the
ease q Mrs. Florence NJ. Dodge. Of
u .,llla.,hurT. who is tL rial here for
I the alleged murder of William Heath.
ended teday,.and At as ! NJ. states
Attorney Harry. r. Amy began his
argument for the prosecution.
The courteous was jaened 10 its
capacity long before the session con-
Nene~ at o'clock and utny persons
waited outside the doors the hope
Of beirig able to capture 1 seat that
might be vacated by !ts oeapaEt dur
ing the proceedings. Mrs. ledee, with
her usual smile. took her seat inside
Of the lail few inmates before the
court was opensd Judge Hall an
nouneed privately before cort opened
be concluded by p. NJ. lie would
charge the jury and give hem the
cacn tonight. The Judge alsosaid that
IN his charge TO the jury would
eliminate all consideration #inurder
in the first degree and would instruct
them to bring in verdict Of rurder in
the secc I'd degree, manslauater or
acquittal.' Il The reason for uis, he
said lay in the fact that this prose
cutien has sshpNn no premedtation.
ana the Vermont Statutes require ,tat
generalization must be gEoven before
q verdict of guilty of Murder IN the
first degree can be returned.
No witnesses were called durig the
10 minutes intervening betweea the
opening of court and the beginning of
states Attorney Ameys argument
There was some doubt as to whther
Horace W. Shaylor, the Portland, Me,
handwriting expert. who testiGedyes-
terday, had been sworn, so he was
sworn today to make sure. The nint
pot and brush which Heath had sed
or the last day of his life were ener-
ed as exhibits, and then Mr.. Ameybe-
gan his argument. Under Vermont no
cedure, the state not only opens he
arguments. but closes them as well AS
soon as Mr.. Amey has finished, lav-
yers for the defence win present Mrs.
Dodge's claim to acquittal, after which
Attorney General Sargent will NIKE
the closing plea for the state.
Before ne had gone very far in lis
argument, Mr.. Amey attempted to Dis
credit the claim of the defence tint
Heath's death was due either to SUI
eide or accident. Heath did not shot
himself, he said. He called attention
To the ldCt llldt lllt bulitl WIS IOQila
between the body and the undershirl
and that it had entered the body under
the arm. at is mistake" he said, ito
set UP theory Of suicide or accidental
shooting"
The states attorney said that the
jury might draw the conclusion that
Heath was not working at the time he
was shot, as the brush was in the
paint pot, bat the prosecution, lie said.
did not undertake to tell in what po-
sition the man was when he was killed.
He then spoke of the matter of ex-
elusive opportunity saving that Mrs.
Dodge was the only other person in
~ house at the time and that the
Fed was done with her revolver. I'M
rnediately after the shooting. he said.
Mrs. Dodge had declared that Heath
had killed himself
1T is difficult" Mr.. Amey said, for
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