Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-05-23

| anu V0sS " ZIG CouEt " AupoSo beH"
tcnce.
From the beginning up to the
present moment the prisoner has pro-
tested his innocence. believe him. l
see abundant reason to doubt his
guilt. My mind Is filled with~doubts.
! am not sure that crimes char ged
| were committed. LIDO not know. Mo-
body saw the assault. Nobody had
| threatened to kill or had q motive to
Kill. There was no corpus delecti save
In the shape Of ashes from which 1t
could be determined that an assault
had been made. II so, I doubt IL thu
prisoner had opportunity, surely not
exclusive opportunity. Any number
OF other persons might have commit
| ted these crimes and there were pre-
tdatory bands Of men all around that
| locality according to the testimony.
Dc not know when they were killed If
killed at all and that Is important.
mo one. has been found who saw
any Of these people after Friday. and
might have been killed either on Sat-
urday or on Sunday when Lambert
was in Greenville.
| There wasn't time for Lambert to
have Travelled the distance from
Greenville to the Allen place in Shir-
| ley, committed the deed, reached his
working place three miles away at the
time testified to by Mr. Smith and his
daughter in-law.
Evidence was introduced in the
matter OF rubber tracks going to and
from the camp and great emphasis
has been laid upon 1t. I do not Won
der. This demonstrates better than
anything could possibly devise. how
| the State made mountains out of mole
hills. and transformed the impossible
into the reality before the eyes Of that
prejudiced jury. These tracks were
| the only thing by which the State
| could possibly connect Mr.. Lambert
with that locality, and it grabbed that
bit of jetsam as a drowning man
would clutch at a straw.
Judge Savage said, It was to be
regretted that there was not that de-
gree Of deflnitness in the measure
| ment Of the tracks, which would have
been desired.
| well, Your Excellency, with all
possible respect to His Honor, and
nc man pays him higher, it seems to
| me that the tracks were measured and
studied with most exact def1niteness.
The testimony was absolute and ex-
plicit by John Randall and Mr.. Saw
telle. who were witnesses for the
State. and by Daniel Phillips. who
was called by the defense. All those
witnesses absolutely agreed and the
tracks were measured and studied in
the early morning after the fire be-
fore hundreds Of feet had trampled
| over or disturbed them.
| These witnesses swore that the
tracks measured 101s inches in length,
| fhran VITO. fnnhno
the ball and three inches in the length
OF heel. The pattern designer for the
company, which manufactured the
rubbers, and had sample with him
on the witness stand, testified that
| every Bay State six and one half rub
Der such as Lambert owned. measure
ed II 1915 inches in length, 1-16
inches across the ball and three
quarters of an inch in the length OF
the heel
| please let me emphasize, because
this is Of tremendous importance. The
track was 10 SIG inches long. The
rubber was IL SIS inches long. The
track was 4-16 inches wide. The
rubber was 1-16 inches wide. The
track was three inches at the heel
The rubber was three and one quart
er inches at the heel. All Bay State
rubbers had a ball across the ball in
addition to the usual design with
which you are familiar in rubbers.
Eut one Of these very intelligent men
who measured and examined those
tracks swore there was no bar across
the ball in the track. The others did
not notice. The State tried to get
him to say he would swear he did not
see any bar, but that sturdy son OF
Maine said he would not swear that
he didn't see any bar. He would
swear there was no bar.
1.-The only rubbers that practically
! fitted those tracks were the No. 4
boys Beacon Falls rubbers that had
nc bar across the ball, which Mr.. Ar
mold bought at the Saunders store at
Greenville a short time before for
| Carrie Allen. The sample Of these
| rubbers shown in court measured
10 SIS inches longer than the meas
ured track and three and five eighths
inches, across the ball. 1t is easy to
conceive that those tracks might have
varied from the rubbers that made
them but never 1916 of an inch in
length and 1916 of AN inch in width.
That is preposterous. No. Your -Ex-
cellency. there Is nothing to the track
| theory, absolutely nothing. Henry
Lambert's II 5-16 inch rubbers never
made those 10 IL inch tracks.
Mr.. Hichborn had in his possession
several letters from officials of the
State prison who spoke of the excellent
conduct Of Lambert as a prisoner.
Others Favorinq Petition Of Lambert
Hon. Frank ]. Ham of Augusta. for.
mer warden of the States prison, was
called upon by Mr.. Hichborn and he
referred to Lambert as a model prison
err during the time that he was warden
there. I'm my Judgment there would
be no trouble in paroling Lambert at
this time" he said.
Hon. John F. Sprague of Dover
Foxcroft said that he had been inter
ested in Lambert for some time and
that he had changed his views some
what as to the procedure in regard to
the man. He stated that % years ago
as a lawyer he had been engaged by
County Attorney Durgin to assist him
in discovering evidence in the case
He said that he had some misgivings
from the first in regard to Lamberts
guilt and that he now appears here
simply as a citizen in answer to the
dictates Of his conscience to rid him.
self Of those fears and misgivings.
Mr.. Snague said that the tide Is
rapidly turning from the old theory OF
vengeance and degradation OF criminals
to reformation. and that in his opinion
the state owes a duty to violators OF
the law to make good citizens Of them
where it is possible. He said that since
last, year when. in opposition to tho
i pardon he had spoken of the sentiment
in that county against pardon, he Is
satisfied that there ffas been q great
change in peoples minds.
Mr.. Hichborn then called upon Prof
Austin Mccormick Of Bowdoin College
| who has spent a number Of years In