Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-11-22

uouot AND the aDle Judge eXpiaIneu
the expression in q most comprehen-
| sive manner. Circumstantial evidence
was next defined by Judge Wilson.
Reference to effect Of motive and lack
| Of motive was included in his charge.
He said that the State said. and right
| ly so, that the State does not have to
say what was ,the motive The lack
! of apparent motive is not a bar to de-
| termine beyond a reasonable doubt
guilt.
The indictment charges this respon-
| dent to the crime of murder" The
| meaning of murder was read by Judge
Wilson The crime of murder consists
| of the killing Of people with malice
| of forethought. Manslaughter is KILL
ing of people in the beat of passion.
1T is perhaps proper and essential
that / should. before taking up any
evidence. give You some rules that
| may be of some assistance to you in
your jury room.
Whether the witness appears to
have any interes: in the outcome was
i touched upon. The respondent in
case such as this is not obliged to
| take the stand. and the jury is not
to give that any consideration. Bot
the respondent in this case. did appear
| on the stand and so you do not con-
| slider that anyway. You should weigh
the evidence of the relatives in the
light they arA given. You should
weigh their testimony as because they
are relatives does not infer that they
are not telling the truth. You should
consider the manner in which the wit
| nesses give in their evidence. re-
tentive memory as shown by witnesses
should be considered.
1T will lnot be necessary for ME to
analyze all the testimony in this case.
| 1t has been mostly ably done by the
brilliant counsel on either side
| The main facts that are in dispute
| in the case were presented by the
| judge without expressing any opin-
| ion
I'm the first place the State says
that the evidence shows that rela-
| tons between these two men were
strained; that on the day of Oct. 10
an appointment was made by them;
that the deceased borrowed car
and took with him q flashlight; that
| the top of the car was put up for
some reason or other: that was
| about $50 or S.2J. for you to decide.
The State says the deceased was
never seen by anyone after that alive.
The accused was seen past 8, at 10 or
II minutes or later, at the home of
his employer with a wound which he
says the deceased made.
1.-The State asks you to consider
that trip was planned by them and
, that the deceased's body was found
! in a cave. The State asks you to
consider that the wound could not
have been inflicted in the way he
said it was; that it could only have
been done by holding the revolver
close to the leg. Because of this the
State claims that the wound was
self-inflicted. that the purchasing of
the liquor was improbable and even
| if the story was true that would not
| account for the finding of the body
| in the blow down.
''The defense lays great stress
upon the time the shooting takes
| place and the time the body was
placed in. the blow dnwn. The de-
Tense contends that the body could
not have been placed in the cave I'M
| til sometime after the killing, con-
! sidering the position of the arm and
| the leg.
The question of handwriting can
not be reduced to science And it
| is true that opinion of experts on
handwriting may not be valuable.
81 have done what l deemed to be
my duty in calling your attention to
the salient features of the case. 1
must now transfer the responsibility
to you.
This is no time for personal feel
! ings. / must especially ask you to
keep your minds open. Never per-
NIT yourselves for an instant to be-
come so fixed in your opinions ex-
! cept in your conscientious opinion.
Only make up your mind after you
have considered every phase of the
Case"
RE completed his charge at 1920
A. NJ
At the close of Judge Wilson's
charge the exhibits which the jury
men took with them into their jury
room were collected and taken to the
| jury room. The court room was
well filled at the morning session of
! court, many of the audience bring
ing with them their noon day repast
or some member of the party going
ont and coming back armed with a
paper bag of eatables.
The conditions which surrounded
the passing of the jury into the room
where the door was locked behind
| them and deputy sheriff stationed
on duty are almost in contrast to the
beginning of the long vigil of the
| first trial. At the first trial the jury
deliberated for 10 hours before re-
turning and giving out the news,
Disagree" That was the longest
time that any Maine murder trial
jury was known to have staid out.
On Saturday forenoon when the
jury went out the sun shining bright
ly and each and every one was fresh
for the anticipated vigil-long or
short, which ever it might be-