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

the questioned signatures in the notes
held by Burke against BARLEY were
traced instead of copied He admit
ted that signature varied as 10 The
position when writing and feature
of the cross examination Was that
the handwriting of BARLEY differed
in the standard signatures and
broaeht on the fact that there was
a difference between one standard and
another. the same as there Was bet
ween the questioned signatures and
standards.
/ STATES WITNESSES CALLED BY
THE DEFENSE
The defense prior to the opening
statement Monday morning recalled
Carlton NJ. Googins of Jackman who
had previously testified that Nelson
| w. BARLEY left the supper table
about $40 D. IN. the night of the muir
der and questioned him closely as to
his visits he made elsewhere that
night. Ellsworth A. Piper of Jack
man was recalled and gave the po-
pulation of Jackman village as about
1000 persons. He admitted that the
estate of BARLEY held note of Hen
ry Armstrong. he Piper being the ad-
ministrator of the estate. Two more
witnesses for the state were recall
ed by the attorney for the defense.
DR.. Boothby of Jackman stated that
he had been medical examiner for
about two years and under direct ex-
animation stated that the wounds
which caused Nelson Bartley's death
could not have been self inflicted in
his opinion. No question was raised
by the defense on the last question.
/ Henry Crowell, at the request of Mr.
Leigh stated that he made measure
Moore in Jackman to the w. A. Taylor
store and also told of measurements
at the scene of the tragedy from the
spot where Bartley's head was found
to the spot of blood back of the cave
which by direct line was seven feet
THE DEFENSE OPENED TUESDAY
FORENOON
Thomas Leigh opened the case for
the defense Tuesday forenoon con-
Guiding just before the suspension for
the noon recess Mr.. Leigh has
] been a familiar figure in the court
room as associate council with Messrs
Pattangall and Mills, altho up until
Tuesday. except occasionally in cross
examination of the states witnesses
he has participated but little In the
court room activities.
WAS FORMER COUNTY ATTORNEY
Thomas Leigh Is native of Halo
we'll and Is we'll known member of
the legal profession in Maine. He
was educated at the Hallowell CLASH
cal and Scientific Institute and at
Dartmouth college. His legal edu-
cation, however, was largely acquired
with Judge S. l.. Titcomb, now de-
ceased. He has practised law in Au-
gusta since being admitted to the bar
in 80. He was County Attorney for
six years completing his third term
in Jan. /. 1907. Mr.. Leigh Is mar
ried and has two children.
Mr. Leigh made a brilliant opening
address outlining principal events in
the states evidence which the de
Tense hoped to overthrow "In my
view of it in a case of this consc-
quence, the opening address broadens
out to cover certain things that would
not be involved in an ordinary state
ment' he said near the opening and
complimented the jurors upon their
patience and likewise commented up
on the patience of the presiding JUS
tice. His defense he said WAS made
up of inconsistency and improbablity
of the governments evidence. He
explained to the jury that the YER
diet must be founded on evidence not
upon sympathy, of which he asked
none for the respondent. "If the res
pendent is guilty on this charge he
is guilty on the evidence" He ex-
planned the statue of the law in the
case of murder. He read from
charge to jury in Il Massachusetts
court by Chief Justice Shaw. He
gave as the most important feature
of the entire defense the matter of
time. The defense claimed that
BARLEY was killed after 915. From
position of the State the defense
claims that BARLEY would have to
have been killed at SAB p m, this
establishment of time was determin-
ed from reckonings made from state
ments in the states evidence accord
ing to Mr.. Leigh He said that
James Murtha fixed in his testimony
for the state that he went under the
light on Holden Hill al $40 p. m. on
the night of the murder; that he pas
sed Perley Crook al the culvert reck-
oning from the distance between the
electric light and cuyert, Crook and
Murtha met at $50 From the Gull
vert to the spruce tree where Crook
testified that he heard the shots was
the distance OF one third of mile
and as Crook said he was riding slow
ly not more than five miles an hour
he must have arrived at the spruce
tree where he heard the shots at S43.
There was no controversy as to the
time Burke was shot at his home the
hour being $40 o'clock so that every
thing that happened according to
the defense story of the States evil
dence was between SAB and go,
while Mr.. Leigh brought out the fact
that Manchester Moore, a brother-in-
law of BARLEY had seen a rapidly
moving car pass his home at approx
mately 8 o'clock and if this was true,
who ever committed the crime accord
ing to the states theory as told by
the council for the defense would
have had but II minutes to have done
the shooting and take care of the bo-
DIV to saw nothing of having reached