The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1920-11-18


ton OF time. don't believe there
ever has been a criminal inquiry in
which time has had a more vitality
important bearing.
What vas the time at which Nel-
son BARLEY was killed. The state
under its evidence, would have you
believe it was approximately SAB. W
say to YOU that it was after 9.15.
When he Ras killed We do not know
how he vas killed We do not know
IL does not rest upon Us 10 find oil.
Discussing the testimony OF VAR
Gus witnesses who claimed TO ha,e
seen the death car on the Canadian
highway at Sugar Berth woods on Tho
night in question, Mr.. Leigh laid e.
pecial emphasis upon the story Of
Manchester Moore.
Gle said" declared Mr. Leigh, that
he saw an automobile. driven south
speed by his house at o'clock This
house is practically two miles from
Armstrong bars, where the State
claims Burke left his car and walk
ed with BARLEY into the woods As
suming that. on his r6tHfu. HaIae
drove his ear at 81 miles an hour.
he must have left Armstrong bars and
ON re-entering the car. at $50. That
would allow two minutes for Burke
to 90 from the bloW-doWn to the bars
crank the ear, get in and start.
He must have left the blow-do~n
at SIS, eleven minutes after what the
state alleges were his fatal shots.
Follow ne on that morning OF Oet.
18th to thai bl0wdOWn in Sugar Berth
woods and there discover with me the
body of Nelson BARLEY | say to yon
that within the confines Of that blow
down was silent evidence. more sieni-
fcant than any word of witnesses,
that John A. Burke could not have
committed the crime. Human testi-
mony is fallible Preiudices Of Wit
nesses wrap their Judgment: but this
mute evidence has infallibility
Nelson BARLEY lay diagonally
across the cave, his right knee six to
eight inches from the ground. his
right arm bent at an angle; and there
was nothing to support that arm up to
within two or three inches of the
elbow.
Understand that, gentlemen, for it
: is of uncommon significance. There
was nothing to support the arm. Our
position is that rigor mortis would
) not have set it, stiffening arm and leg
: into that position. unless there had
$ been originally something to support
: the arm; unless there had been orig
i inally something to support the leg.
e Arm and leg could not have stiff
e fened some inches from the ground
$ without original support
Now, then, that arm and that leg
4 must have become rigid when there
t was something under them by which
A they were supported. What was that
S something? We do not know. 1t
n is not in the evidence. But it must
: have been something back Of the blow
: down when Nelson BARLEY was shot
e back of this blowdown, there was
n something to support his arm and leg,
+ Now, when does rigor mOrtis set
e in. DR.. Boothby. one of the State S
s own witnesses. has said that it de
d ponds on many factors. But in a
:. full vigorous. normal man such as
: BARLEY admittedly was. it would not
o set in until after a lapse of at least
: two hours from that up to ten or
/. twelve
cannot be controverted- the
3 body of Nelson BARLEY could never
: have been placed in that cave by this
t respondent at the bar; for he was
| back in his own home as the govern
ment itself admits at 90 O'Clock.
:. This. gentlemen. is reasonable
Il doubt number two.
Discussing the testimony of Leon
ard Hall the IA years old boy who
t claimed to have seen an automobile
pass in the direction of Sugar Berth
d woods at 20 minutes of nine on the
night in question. to have seen an
! exactly similar automobile come from
+ the direction of the woods 20 minutes
later and to have heard two revolver
shots in this interim, Mr.. Leigh said
~ HE testified in direct examination
Il that he heard two revolver shots But
II on cross examination he said that he
h told Sheriff Mooers it might have beer
- two revolver shots or might have
n been two muffler explosions.
> This Leonard Hall he is IA years
- old, he seems bright and intelligent
=. he looks older than he is he has a
father. mother, brothers and sisters
. they We're intensely Interested in the
h tragedy. he heard reports of the trial
9 read aloud in his home
Had he really seen the automobile
a pass that night had he really heard
= the shots. he would have told his
q mother of it just as sure as YOU were
= born. Forget about his father: for
get about his brothers and sisters
a mother is every boys nearest friend.
He would have said. / saw the car
70 by, | heard those shots Could
he have helped telling his father and
mother-his mother. first?
also. he said on the stand that the
J top Of this automobile was up but in
his written statement, as given to
, sheriff Mooers in March. he said he
: thought the top was up. He was
: not positive.
"IIe said upon the stand that he
' told the Morency hoy, with whom he
3 was playing on this night, that he
3 heard two shots. Now we are going
to tell you he has no recollection of
} Leonard Hall being with him that
. night at all And he is positive that
: Leonard Hall said nothing whatever
to him about any shots.
But you are asked to believe he
kept silent all that time-kept silent
all thru the trial-kept silent until