Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-11-15
Reasonable doubt No, under the
law is enough.
~z-@@> tsr Ridor Mortie SO

We shall have lot to say about
that Something comes out OF the
darkness that eolves the problem
something we think comes from out
Of the heavens along the pathway OF
truth. We know you will listen to
our beseeching and our prayers When
you go behind those sacred doors.
you win consider well, these two
words, rigor mortis.
At Croker Pond
But with the testimony coming in
to favor the defendant, it remained,
for the last witness Of the first day.
George Sands to testify that he was
at Croker Pond camps and saw
Nelson BARLEY there on May IA.
1919, the day that Burke claims
BARLEY signed the questioned docu-
ments-the note for $14OO and the
note for $500 and the receipt for
$7O0-at the Burke house and in the
presence of Flossie Burke. Strength
is being added to the point gained
by the State in which they claim
that BARLEY was at Croker Pond
camps on that night. and it was the
defense witness who aided it Satur-
day afternoon. Sands said that he
went into the camps on the 18th and
came out on the 18th. He ate his
supper in the dining room and was
waited upon by Mrs. Nettie Nash.
1 Sheriff John A. Mooers. the high
sheriff Of the county, was in court at
the court room door, Saturday morn
ing and entrance was refused dur
ing the two hours that Attorney
Leigh held the attention and gave
the defense opening. Mrs. BARLEY,
the widow of the murdered man,
was not in court, Saturday morning.
being absent for one of the few
times thus far during the trial.
Mrs. Burke Encouraging
Mrs. John A. Burke, the true blue
little wife of the accused man, was
in court Saturday as usual, having
been in faithful attendance at every
days session. Her seat in the court
room is, within the bar, next to Mr..
Leigh and just a bit in front of her
husband who sits on the outside Of
the bar. When both are in the
court room they are always together
From her smiling countenance and
her enthusiastic words. one not
knowing their conversation, feels
that she is passing along to her mate
words OF courage, cheer and comfort.
She never fails to speak to him dur
ing the recesses and they are always
smiling, hopeful and confident for
| what the future may bring to them
, young couple so interrupted in
their quiet life to come close to the
more serious things of life.
Witnesses Called
The long line of witnesses for the
defense were called Saturday fore
noon and sworn in Ito tell the truth,
the whole truth and nothing but the
| truth" John A. Burke, the respon-
dent was not sworn in and may not
| appear as a witness in his own de-
Tense. He did appear on the stand
at his first trial. Included in the
witnesses called were: Mrs. Badore,
George Blair, Edwin Haggan, Ed
ward Henderson, Mrs. Henderson,
! Miss McMann, Roy Marston, Mrs.
Lepha Moore, Frost Williams Mrs,
Vesta Williams, Miss Irma Williams,
Lillian Mckenzie, Thomas Anderson,
Henry Pellotte. John Vigue, Helen
Newton, Lena Newton. Harry Young.
Mrs. Mcdonald, Mrs. Daisy Moore,
| Ida Moore, James Sands, w. A. Tay-
lor. Mrs. w. A. Taylor, Roland Cyr,
Walter Taylor, Lawrence Hall, Ar
thur Morency, Leo Jackman, Arthur
Libby, Frank Thompson, Harry
| Goodwin, Palmer Williams, Gertrude
Williams, Clifton Boynton, Mrs.
Grace Boynton, Mr.. Hamilton, Mr..
| Turner. Flossie Burke, Allen Tewks-
bury. Mrs. Nettie Nash.
l. Come with me to the morning of
| Oct. Is by the blow down in Sugar
| Berth, there discover the body of Nell
A., son BARLEY, dead. We say that in the
| confines of that blow down were OBJ
served the silent but speakable evil
| dence that John Burke could not have
committed that crime.
| The average witness does not lie
on the witness stand. The body was
lyinEaaiagonally in the cave with the
| right arm so and the left leg raised
| five or six inches. This is our con-
| tention: That there was absolutely
| nothing to support that arm up to
| two or three inches of the elbow.
1t is absolutely indisputable from
the governments own evidence, from
Dr. Boothbys own evidence, that there
| was absolutely nothing to support
| the arm. We shall present evidence to
| show that that right heel was in a
pool of water If it had been in rigor
mortis in would have been doubled
| right over.
| Rigor mortis would not have set in
the arm so that the undertaken had
j to break it down unless there had
been something to support it. Was
| there anything? The evidence Of the
government has been that there was
| nothing within two or three inches Of
the elbow to hold it, and nothing
above it except that the shoulder
| touched the side Of the cave.
That arm and that leg must have
| become rigid when there was some
| thing under it to support it. Not in
the cave. because if there had been
anything the witnesses would have
observed 1t. There must have been
something outside the cave. at the
| back Of the blow down. The trees
the branches must have been the sup
port under that arm and that leg.
When does rigor mortis set in? DIR.