Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-15

then there were a good number pres
ent.
Attorney PattansaII's Argument in
Defense
When court convened at 10 o'clock
in the morning Ex-Attorney Gen.
eral William r. Pattangall Of Au-
gusta began his argument in defense
In commencing he stated that it was
not necessary for him to repeat to
the jurors the importance Of the
case but that he could not conceive
of case more important, and that
il was the duty Of the jury to find
the truth in the matter.
Attorney Pattangall pointed out
that in this case certain facts are
admitted. There is no contention
but that Mrs. Edith Cole of Winslow
met her death on Aug. 10 by having
been shot and killed by Langdon
Bates. Attorney P.ttangall stated
that the case for the jury is to de-
termine whether or not that killing
in the light Of evidence and the law
constituted a crime. and if it did,
to define the crime. And he pointed
out that every crime must be the re-
suit OF intent. the act Of sane mind
He pointed to the fact that in
Maine when man is found not
guilty of such a crime by reason of
insanity. the man does not go free
but is placed in confinement in in
sane hospitals where they should be,
rather than in prison The plea of
not guilty by reason Of insanity is
not set up to free the man, but to
order his confinement to the asylum
rather than confinement in prison.
Attorney Pattangall read the def
milton Of murder as given in the sta
tute and pointed out that to be guilty
OF murder there must be malice
aforethought either expressed or i'm
piled. And he asked the question if
the killing of Mrs. Cole by Bates
was a killing with malice afore-
thought and by mind possessed of
sound discretion. He argued that
the evidence showed that Bates had
kindly disposition, but that if his
act was the act Of sound mind it
was the act Of a most degenerate
and cruel mind.
What motive have you?" asked
! the attorney. He pointed out that
| the State had set up the theory that
Bates had an affection for Miss
! Simpson. and that Bates had con-
templated murder. had shot and
killed Mrs. Cole for coming between
them and had attempted to kill Miss
Simpson because she had spurned
him. Attorney Pattangall then re-
viewed the evidence in the case and
argued that when one analizes the
| alleged love affair between Bates
and Miss Simpson one finds nothing
in it. that the relation Of the two
people for five years was such that
cannot predicate malice afore-
| thought
; Attorney Pattangall then reviewed
| briefly the history of Bates life,
showing that from the day Bates
was born epileptic insanity was sur.
rounding him. He argued that Bates
had epileptic tendencies and that for
! five years previous to the shooting
Bates had been working nights TAX
| ing care o: his family in sickness
| with the added responsibility of the
large expenses coming from the
| sickness.
He argued that although DR.. Ty.
son. superintendent Of the Augusta
State hospital. had found nothing
| in Bates that led him to believe Bates
was insane. DR.. Tyson had admitted
that certain persons who are sub
)ect to insane spells may remain nor
NAL for long periods Of time. He ar
gued that DR.. Tyson's testimony in
the matter Of Bates insanity was not
conclusive.
He then reviewed the elements up
on which DR.. Tyson had based his
testimony that the man was sane
at the time of the shooting. these ell
ements being the converse ton Of
Eates at the time. the shooting Of
the gun. and Bates recognizing the
parties. He argued that it was no.
probable that witnesses had heard
Bates conversation. that the CONVEX
sation was not such that such a con-
cIusion could be based upon it. that
the shooting Of the gun was noe
such. and finally that the testimony
did not show that Bates did reroy-
nize the parties as he went by then,
at the time of the shooting.
In conclusion. Attorney Pattangall
pointed out that there was no ell
ement Of hatred: he argued lat
murders committed like this one are
not committed by normal men. He
declared that the jury had a duty to