The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1920-02-26

ley's arm was found. Mr. Leigh re-
.cred to the somewhat stately expert
as the DISTINGUISHED and picturesque
Or McGrath.
With regard to the shots fired Mr..
Leigh stated that no shots could have
/ been fired as testified TO by Perley
/ Crook. as Miss Grace HagEan and
| James a Mason were riding In the
Sugar Berth Woods at that time ard
would have heard the shots He
! touched upon the failure to establish
/ the time OF death by stomach analysis.
| He SAID he had known Or. Whittier
for 35 years, that they went to school
! together at Brunswick, but that he
/ did not graduate in the doctors class
| because they decided that they did
4 not care to have him Leigh there
/ longer, but he added even the good
and pure with right understanding
waver sometimes. there never was
perfect man and never will be. lie
told Burke's story briefly stating that
he was about 80 years of age and
went to Jackman about thirteen years
ago. He worked in the woods as Il
guide, was employed for he Jachman
Lumber Co and worked for Nelson W
BARLEY. He had served as constable
deputy sheriff aud tax collector in the
years of 1917 and 1918. He admit
ed that he had been engaged in the
smuggling Of liquor across the line
from Canada but at the instigation of
BARLEY and told of the two going over
to Quebec and of BARLEY making The
purchase there, Burke turning over
to him some $1,000 or $2400 from the
treasury of the town. Later Mr.. Burke
had told Mr.. BARLEY that he would
have to settle with the town and Bart
ley had said that they would sell the
liquor. Finally it was discovered
that the liquor was missing and Bart
ley said he had lost all that he had
put in and that he couldn't reimburse
Burke. After talking the matter
over with the Plantation assessors
Murtha and BARLEY went as his bonds
men and took a second mortgage of
the bungalow owned by Mrs. Burke
and of the Burke automobile. FL
nally Burke had said if he didn't get
the money he claimed was due him
from BARLEY he said he should tell
everything and as a result BARLEY
gave him the notes now questioned
to satisfy him. When BARLEY had
put off paying these notes according
to the statement of the de-
Tense. Burke had told him that be
should take the same to Amos Butler
Mt Skowhegan and leave them with
him. and then BARLEY made an ap-
pontment with Burke at the Sugar
Berth woods where he had heard the
liquor was hidden, but BARLEY failed
to keep the appointment. The meet
ing on the night of the murder was
further in connection with this mat
ter of settlement according to the
defense Evidence will be introduced
to show the jury that the revolver
which inflicted the wound in Burke's
leg was held five feet away and that
it was impossible for him to have
shot himself. The defense also pur-
poses to do away with the death car
theory which Manchester Moore
thinks passed his house at O'Clock
by the evidence Of two men who were
in the Sugar Berth Woods road be-
fore and after 9 o'clock the night or
the murder while Mr.. Leigh cited the
departure of BARLEY and Burke from
the village together as not in accor-
dance with the plans OF one to Kill
| the other. He also stated that the
matter of the forged signatures would
be eimated with the proof that they
were absolutely genuine. Mr.. Leign
closed by repeating the oath admins
tered to the jury lin Its sanctity and
binding force" and asked these
twelve men to give unto this respond
ent the deliverance which we believe
is due him"
THIRTY WITNESSES CALLED
At the opening of the afternoon SEES
sion thirty witnesses were called for
the defense including both John Burke
and his wife. twenty-five were in
the room and were sworn in. Sever
al exhibits Of the handwriting of the
late Nelson w. BARLEY were entered
as exhibits by Atty. Pattangall of the
defense and Albert II. Hamilton of
Auburn, ~ Y, 60 years of age and
! student of the methods of the GRIM
inal and a handwriting expert took
the stand as the first witness for the
defense. He testified as! to his pre-
vious experience and of his having
specialized in gun shot wounds, the
study of firearms and similar wea-
pons.
COLLECTED $4,000 CARTRIDGES
DIR. Hamilton stated that he had col
lected $4,000 cartridges beginning from
the year of the Civil war and con
tinuing down thru the years inter
vening to 1919. He had fired thou
sands of test shots including the FIR
ing Of shots into human bodies both
in the nude state and dressed and
had used his own body in determin-
ing what became of the powder fore
ed into his own skin. He had also
specialized in hand writing for about
thirty-iive years.
TESTIMONY DIFFERED FROM
THAT OF OTHER EXPERTS
DR.. Hamiltons testimony differed
widely from that of the states hand
writing experts. He stated that II
was impossible to believe in his op1n-
ion that the characters were traced
from common model in the ques-
toned signatures and that there was
no question but the signatures were
written by the man who owned the
name, Nelson w. hartley lie tes-
tilted that he had studied the writing
habits of John A. Burke and his wife
a,l ,ho+ bo had suhiected them to