Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-11-15

ground on which the defense lies, in
a civil case. In a murder case the
burden of proof is on the govern
ment and the statement of the coun-
sci in the opening necessarily COM
prises a criticism or a commenda-
ton. So ! want you to consider as
go along in my humble way. am
commenting upon the case simply
the government hasn't Sustained the
legal burden to sustain the guilt of
the respondent.
The presumption of it: The time
will never come when the law will
presume evil. The law presumes
good. The evil in court can only be
substantiated by legal proof.
This respondent stands at this bar
of Judgment presumed to be innocent
until that presumption is down away;
until the proof in court satisfies you
beyond q reasonable doubt.
When the rules and procedures Of
the court under law are not held
sacred your rights are in danger. 1t
Is a formulative accusation brought
into court and here in the court I'M
der oath by court and council where
may be found the truth and the
whole truth.
Judge Wilson said he could not
permit Mr.. Leigh to read authorities
to the jury.
This is an indictment wherein the
rocpopdon% io cha mood NTH tho cy.i n, @
Of murder, the gravest under our
statutes. 1t means a deliberate de-
sign to kill, different than man
slaughter, which means a killing un-
der the heat Of sudden passion.
Question Of Time
portant thing in this case is the
question of time. I don't know that
ever before in any criminal inquiry
time could have such an important
bearing
What was the time that Nelson
BARLEY was killed? The State I'M
der this evidence. much of it admit
teddy proved, want you to believe
that Nelson BARLEY was killed ap-
proximately at S.43. We want to
prove that Nelson Barley was kill
ed after s.15 that night.
Question of time from the evil
dence: James Murtha by his evidence
was under the electric light on Hold
en- Hill in his automobile, coming at
the rate Of rs or 80 miles an hour,
took out his watch and 1t was $40.
It was three-fifths of a mile from
the culvert to the Sugar Berth woods
This brings Murtha to the culvert
at S.3S. Perley Crook passed Murtha
at the culvert. riding Nslowly on his
bicycle in the dark, at S.3S. To the
spruce tree from the culvert is 1882
feet, he passed the spruce tree at
SAB.
Shot at 9.10
The time the shot was heard on
Piper street by John Bulmer's own
testimony was $40.
The time fixed by Manchester
Moore, at which he said an auto
mobile rapidly passed by his house
was at 9 O'Clock and was 1918 feet
from Armstrong; bars to where the
State claims Burke left the bars.
That is allowing him two minutes
to go from Armstrong; bars, crank
car, get in. Burke must have left
cave at 8.54 or IL minutes after Bart
ley was shot. One State witness has
shown. according to DIR. Boothby, 8
minutes BARLEY lay behind the blow
down. According to DR.. Tyson's tes-
timony which will be presented at a
later time, he lay there 10 minutes.
It ie a distance Of IL to II feet around
the mouth of the cave In that time
he pushed the body into the cave;
got into the cave; pushed the body
over; rushed out up to Armstrong;
bars; into the auto and appears later
at $40. or call It a little later. at his
home. with his shoes untouched by
dirt and his clothes unspotted.
We say. consider this evidence al
to time. that it was absolutely inn
possible. uncomfortable, that Burke
under these circumstances could by
any possibility have done this deed.
even upon the theory of the States
case.
You will figure the time, I know.
from the distances have given you.