Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-05-13


crime of this nature" said Mr. Dale.
The prosecution bases its case upon
that of reasonable opportunity Whlle
we base ours upon that of a reason-
able accident, continued Mr.. Dale.
The government experts have shown
You that Heath could not have com
mftted suicide. 1t has sought to show
You that some one else fired the fatal
SHOT. Bat we go further and say that
Heath died by an accident
1T is our theory that Heath found
tho revolver in the bureau drawer
and not knowing that it was loaded.
nor being acquainted with it's automat-
ic mechanism. he touched the trigger
and the two shots followed almost
instantly. Mrs. Dodge was in the
kitchen at the time and as she started
for the chamber Heath dropped the
revolver, which exploded a third time,
and the bullet went through the paint
er's body"
Mr.. Dale then took the three explod-
ed shells in his hand and pointed out
the similarity between two of them,
while the third was entirely different,
and said that this tended to show that
two went off at nearly the same in
slant, while the third was fired subse-
quently.
Mr.. Dale said that the jury must
be more convinced that Heath was
shot by person intending u shoot
him than that he was killed by &C
cident in order to convict and no Jury
should convict on eireumstantial evil
dence, especially if that evidence fail
ed TO show any intent.
He considered the lack of intent the
weakest part Of the government s
case and said that 40 person ever
killed another wilfuliy, as charged IN
the indictment. without motive.
There had not been che slightest i'll
timation of q motive in his case.
Attorney General Sargent began his
argument for the prosecution at Is
p. NJ. and for the remainder of the
afternoon held the attention of the
iury. The attorney general said that
he would spend no time i'll talking
about elaboration on the part of the
defendant, because there had been
no evidence produced to prove pre-
meditation. and because he understood
that the court would not allow the
jury to return possible verdict of
guilty liz the first degree.
Speaking of the course of the bul-
let Mr.. Sargent said:
THE track af the bullet itself show
that Heath was ret standing when
shct and the position of the ribs vas
not natural. None of the defence ex-
perts have disputed this fact"
Mr.. Sargent then took up the testi-
nohy Of the experts for the defence
and declared that the experts were
insineere and were brought here Tor
the purpose of showing that it would
have been impossible for Heath II
have been shat by any other person
than himself
That defence stated" said Mr.. Sar-
gent, that the prosecution brought
out no evidence To contradict the
testimony for the defence. He then
| repeated some of the testimony for the
| expert witnesses of the defence and
declared that they eontradieted them.
| selves.
Speaking Of the testimony of the
| witness Mr.. Sargent said that Tho
| witnesses We're examined by the de-
fence for the purpose of raising doubt
as to the position in which Heath was
the air. it must have been fired by hu.
man agency. Col. Dale stated that the
gun was discharged by striking the
hammer of the weapon on the floor.
| Mr.. Sargent then demonstrated with
the revolver how a shot fired in this
manner would strike a person near
the knees Heath was shot in the
back.
| Mrs. Dodge said in her testimony
that she did not see the revolver until
it was in Guy Garvins hand But when
Rev Mr.. Howard came in she said
| / didn't know ii was loaded L am
| afraid / viii have to go to prison She
was trying to excuse herself for a
| crime for which she knew she was re-
/ spensible Her counsel have had moth
| ing introduced to explain this Her
| colnsefs attitude has been such as to
| force you to the conclusion that this
| was not an innocent action. The whole
| truth about it is something that she
| cannot tell. Mr.. Sargent then attempt
ed to show by recalling Mrs. Dodge's
| cross-exalnination and comparing it
| with her direct examination that her
| story on the stand was prepared and
recited. Speaking of the note which
| Mrs Dodge wrote while on the stand
and the letter signed m. J. s. giving
the description and movements of the
Man who shot Heath" Mr. Sargent
said:
Everything in the two letters, one
| written on the stand and the o-calIed
M. J. s." letter We're Written by the
same hand"
Mr.. Sargent then claimed that the
person who wrote the letter attempted
to disguise their handwriting. Contin-
uing he said: rs Mrs. Dodge a person
who would be undertaking to get UP a
false scent? If you should SO find the
letter has no weight except to impeaeii
your credit of her testimony
IF you find she had the gun, ii is for
YOU to find what the circumstances
We're. whether she did il accidentally
or with an aim to kill.
Tine position of Heaths hand. out
stretched on the floor with the revolt
Yer from one to three feet from it.
shows that he was arranged for tho
public to come in and see him. And
~, \