The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1920-03-04

in hiding The great contradiction"
in the case was the fact that the arm
OF BARLEY was found in position
away from the body. WAS there
anything inside the cave or outside IN
hold the arm up" questioned the at
torney general, substantiating this
with the claim that there was nothing
more outside than inside to hold il
He believed that BARLEY was dragged
into the hole by his feet. He des-
cribed the manner in which Burke
could have carried the body holding
il away from hiself to keep from get
ting blood on his clothing. The az
tornev general again brought the coat
that BARLEY wore the night eli the
murder into the evidence and when
mention was made of the tearing shots
in the head OF the dead man his wild
CIV ard twin sister showed consider
able emotion He brought out the
matter of the forged notes as mo-
tive and the testimony introduced by
people who knew Bartley's hand writ
ing. the forgery being one of the
strong points in the states content
ion that Burke murdered BARLEY. Mr..
Sturgis agreed with Mr. Pattangail
in telling the jurors to use common
sense" He then advanced the idea
as To how Burke's leg could be burn
ed il the revolver was not held near
to the flesh. He suggested that
Burke was the only man who had a
motive in killing BARLEY believed that
the interview between Burke and the
county officers was detrimental to the
innocence of the respondent and spoke
of the apparent anxiety on the part
OF Burke to prove an alibi. He re-
ferred TO the time limits, the two men
leaving town about 825, reaching the
Armstrong Bars in about ten minutes
and the cave easy in ten minutes more
or SO If the shots were fixed At
S45 he reckoned that the body could
he aiken care of and the car reached
Jackman in a minute or two after
O'Clock. He argued that he didn1
believe Grace Haggan and Mason
could have gotten into the woods by
the time the shots we're fired
Attorney General Sturgis referred
Just before closing to the call of iar-
~ Newton upon Burke and of his
testimony that Burke had said he
would give a million dollars to see
BARLEY coming thru his door, and SO
to this he referred as "a CLEAN OF
stricken conscience. His closing
was brief He mentioned the solemn
ity OF the Jurors duties and that law
and order makes it safe foN you 10
live before thanking the body Of
twelve men for their patience and At
Ieeause OIL me IaleHess ol TIC hour
Judge Dunn excused tue J"l"IS u19i
O'Clock uesday oeIoIe
20 #h6.# az #i 'tA. 'e'
re- 5fe8at
Dee DI KS CT tl}GE TO THE
JURORS
Taaaa Dn7u's CHARGE was wf fa#f
snas.ian one - the faircst egaf
4-ared 10 a iarv i'm q Somerset e ~
court room lie exD'aired with Ga IN
ffr.aqe nd aheomtc fairness H. ~
,iaas n1asps Of the case and it f.at-
ed the twelve men upon whose dc
sion tho fate of Burke hung in the
law and matters of procedure geoer-
alt, IN connection with their duties
In opening he referred to the laws
laid down by the men who fought out
the Revolutionary conflict and how
mindful of duty they had provided for
trial by Jury and provided every step
in the criminal trial mo duty
said the presiding Justice "is more res
nonsible than this, the protection of
tho weak and defenceless, the safety
Of the Deople." He told the jurors
thew were the exclusive judges Of this
case and that II was his duty to define
the rules of law. applicable to this
particular case. 81 ask and pray that
we NAV do our duties with malice
toward none" added Judge Dunn.
Coming more directly to the case. the
Justice presented the claims OF the
state. He defined "reasonable doubt
as duty for which a valid reason MAJ
be given. He then briefly related the
departure of John Burke and Nelson
W BARLEY from the Moose River
Hotel in the Philip Blais car the'night
of the tragedy. Of their trip north by
the Canada Road to the Armstrong
Bars and as the state contended
Burke lured BARLEY some Al feet in
TO the woods where he slew him,
hartley following said the Judge with
sailed peanuts in his pocket and chow
ing gum in his mouth" He then re-
lated the contentious OF the defense'
the Judge declaring that the facts de-
uara worry largely Circum-