Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-11-20

judges are to be guided in the fulfill
ment of their duties. realize that
even the most careful sometimes un-
Willingly and Internationally, al
ways err. That responsibility the
final one, rests ON your shoulders and
you cannot shift it The decision of
a jury must be unanimous. The de-
cision must satisfy the conscientious
intelligence Of each and every one.
States Theory
There is no argument but what
the State should prove its case be-
yond a reasonable doubt / want
/! you to follow with me the theory
! which the State sets up. First:
State says Mr.. Burke and Mr.. Bart
| ley had trouble. Mr.. Burke in the
spring of 1918 found himself in I'm
ancial straits. In the face of fnan-
ciaI ruin the State says Mr.. Burke
conceived the idea of forging Mr..
Bartleys notes. On the day of May
| ii or whereabouts he forged the
State says this is q motive. Yet John
Burke knows forged notes could not
be cashed. The State sets up a
theory on this. I have the right to
discuss this. They refer to hatred.
greed to get money. They say the
forgery was in the spring OF 1919
and that he made his wife partner in
crime and then contemplated the
plot of murder. That is the case the
State presents. L don't care how
they word it. don't care how they
present it.
Coming down to the Sunday be-
fore the 18th. They say Burke went
| down in the Sugar Berth woods to
pick out a place and not only that
| but to mark the place with a little
rock.
The State claims this a planned
| and deliberate murder. Not some
! thing that occurred in fight in the
spur OF the movement. 1t was
| planned dating back from May.
ION the night of Oct. 10 they met
| by appointment made by BARLEY
and went to Sugar Berth woods.
They proceeded up. parked their car
| on the road, walked back to the rock
where Burke had marked the place;
| Burke shot Barley. went to the car:
drove to his home: left the car on
| the road: shot himself in the leg:
| Matched up the story. That is the
States theory.
mo man has the right to ask me
| who killed Nelson Bartley.s Ny
business is to protect the rights of
John Burke. That is the business
OF the State with their resources to
was my business to hunt down the
| criminals my slender resources would
| soon be exhausted.
Rum Story Untrue
The State says this whole story
about Nelson giving Burke money to
purchase rum is fabrication II
| that's untrue why did Jack Burke
hate Nelson BARLEY? They say
Burke was short of his tax money
and Nelson BARLEY went his bonds.
Would that make Jack Burke hate
Nelson BARLEY?
You saw John Burke on the
stand. You saw he is man OF
quick intelligence.
| THE State rides two horses at
| once: First that Jack hated him and
| then that he had nothing to hate
| Nelson BARLEY for
| If the story of the liquor is untrue
and BARLEY gave him no money why
should Burke forge his notes?
Let us assume. that the State has
assured you that Burke hated Nelson
without any Gauge. forged his pape,
without any cause and plotted to kill
him.
| First Burke goes to Sugar Berth
woods to pick out a spot He doesn't
go at night: he doesn't go at dr
he goes on pleasant Sunday when
every auto rider is out He stays
around there for two hours. He
picks grave with the eyes of all
Jackman looking at him. Then he
goes back to the Jackman drug store
and tells where he had been.
| Burke doesn't seem like a man
lacking in intelligence This plain
lumberman. riverdrivef, constable, in
order that he might not miss the
place where he is going to carry out
the deed. laid that little stone so that
would guide him, although he had a
telephone pole and guy wire across
the road to guide him.
BY Back Way
! They go further They saw that
the next Wednesday he made an ap-
pointment to meet Nelson BARLEY to
kill him. Where did he say they'd
meet? At the Moose River House.
That's the States case. II he was
going to get Nelson to meet him and
Kill him in the Sugar Berth woods.
why in the name Of heaven didn't he
say he would meet him there and 20
around by a back way?
| That's the whole body of the
States case:- That he was the last
man to be seen alive with Nelson
| BARLEY.
There isn't anything subtle there.
Yet the State says Burke, with muir
der in his heart went to Moose
River House. drove off with Nelson
| BARLEY with the whole of Jackman
| seeing him.
They say he drove down there
with him at $50. Drives to Arm
strong bars; gets BARLEY to 20 to
the blow down; shoots him twice:
| puts the body into the cave. No
matter what Nels. BARLEY had in
his heart. Burke was going to mur-
| der BARLEY. He left his car right
in the road where every passerby
could see il.
If the State changes on that plan
then two-thirds of their evidence
could have been put in without pur-
pose.