Daily Kennebec journal., 1919-11-27
Snaclal 10 Kannebec Journnl.)

T.,r,-rnan. Me-. Nov 26-Proaable
rauss was found by Judge II. r
7y-,.ze!le and John A. Burke of Jack
mn was bound over without bail for
ne somerset county grand jury AT
he conclusion of the arguments this
11o-r!ng n the case against Burke.
..arced with ths4nnurnrr or Nels1n
" 5ar-lev of Jackman On the night
II OCT. Ii IN the Sugar Berth woods,
Mocse River plantation. The evidence
was carefully reviewed and the case
argued BIZ Hon. VIM. z. PattangHn
IL me defendant and County Artor-
ne, EDWARD r. Merrill If s;knwhegan
for the State. Attorney Partangau
s.rgued that the State should sub
NIL d case strong enough on the
uIesrion Of probable CAUSE To make
q, least prlma facie case and that
il mao rallied ID do so. He argued that
no evidence had been offered 10 show
motive and whereas by the evidence
II was probable that Barley was
snor with a 3S-calibre revolver, there
was no evidence that Burke was car
wing one then or ever had. There
was evidence that Burke and Bart
ey mad business transactions but no
evidence that up to that time Burke
ever mac any difficulty with Barley
-1e tine proposition was argued by
Attorney Parrangan, vino SET forth
maj nrrm SO To SIS that evening,
wnen Burke and Bartley left the no
lei. 70 9.10 Burke was shot there was
mt enough time for the deed ID
nave been committed, Barrley's body
IN have been secreIed and rigor NOR
is to have set in. That the pDpula-
ion of JackrnAn has divided itself
into factions was pointed out by At
torney PattangaH; that one part
without reason assumes Burke guilty
and the other with no more reason.
assumes him innocent and he stated
that II was unfortunate that the peo-
pie should be taking sides instead
Or assisting IN getting at the root OF
Tnn matter.
Attorney Patrangan stated il
Should be considered by the court
thar the incarceration of the pr1s-
one- in the county Jail preiudes his
assisting n preparation of his de-
reuse He stated that an important
piece NJ evidence will be produced IN
DR. Whittier's report on the exaIui-
nation Of the stomach as bearing up-
nn he time when Barley met MS
deTLn and ne asked that the judge
might continue the hearing to Dec.
" 10 TO meet at Skowhegan to hear
D Whltrier's evidence.
county Attorney Merrill IN his ar
cumenr answered Attorney Pattan
sails time proposition by arguing
nat -Igur morris might have set N
before Bar-ley's body was moved in
70 ne cave where IL was hidden. he
@rrued there was time to burn with
n me limits when the man had 80
a-ntully planned the murder and he
-nviewed the testimony from the
ne that evening when Barley and
nurRe We're seen starting together IN
he auto. He argued that although
IS claimed there was no trouble
De-ween Barley and Burke. Yet
8u-ke admits that BARLEY was SO
mac with him that for some cause
a--iev Sfluf him in the .eg and that
i;urke's statements are inconsistent
win The shown facts. He pointed "ut
har n the preliminary hearing II Is
"'ii' necessary for the StaIn 10 show
rrnDaDe cause and that there WAS
mn one sctnuilla of evidence that in
-4ca a-ed he commission IF the crime
H" rvnne but Burke. He spoke Of
'retump-ion of Burke's innocence,
'. gr-Led that when circumstances
owing t.Is guilt are shown and un-
renutIed and when respondent lives
70 1ear 4 foreign land II is the duty
ne court to bind the respondent
-a~
"Hdgc BraZeile after announcing his
SION declined TO hold the case
'Der for Dr. Whittier evidence as
Tested by Attorney Patrangall. Up
MS pnint County Attorney Mer-
t Siated that If the ANALYSIS of
3a"-ler's stomach showed the i'm
a'ssiDillry Of Burke having commit
hs crime on account of the time
.H!ts ne would ask TO have Burke
.N har-ed. II is expected that this
ioenre viii piay nm important part