Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1817-02-05
Trial Of Henry Philips,
For the Murder Of CAsPARD DEssEcRf.s
S1pfems JAaieiai C VT B8aon I

4 y
THE Priioner Phillips, being arraign-
ed with joseph Nc ann, Lenue Shaw,
Efq. and George sullivan, Efq were az
fgnsd their Council.
On the application Of the counfel, the
Court ordered that the prifoners fhouId
be tried feparatelys and Mccain was re-
manded TO prifon
The jurors being called and fworn, and
the Indictment being read,
| DAVIS. Solicitor General, opened the
caufe by remarking that the Priioner,
Though itrangcr, from the benignity OF
our laws, has no injuifice 70 fear. lie
has the fame rights thai cilzen would
have on trial for Murder. wo clio
quent gentlemen are aligned to defend
him even lie Court is required, by oar
laws. to be his Council
He is charged with the greatett crime
that can be committed; one that Is pun
lifhcd with death in every country and
one TO which that penalty is equally at
fgned, both by the laws of God and man.
Il is crime no lefs againit the laws of
nature than thofe of foeiety. 1t the
people of New England have any prelu
dice or bias upon this fubjeet, it is agalnit
the fhedding of blood |; and agaioft eari
tai pupifpnents generally. But if any
fuch prejudice exits, you, gentlemen ct
the Jury. are not to be influenced BY i.
IF the occafion for changing the fenti-
ment, in regard to capital punlihments,
has not already come, il foon mutt. Il
is a well known and unprecedented tact,
that within the lalt nine months there
have been four homicides committed IN
this town. But whatever may be the
public fentimen:. you. Gentlemen, are
not to be influenced by any motives, IN
this cafe. except thoie of jattice, to the
Commonwealth and the pri(oncr.
The Solicitor then itated fome general
principles of law to the july, and TO ena-
bic them to underttand the teitimony
more eaily as it ihould be given by the
wisneiIes on the ltand, he gave a sketch
Of the evidence as it had been given 70
the Grand jury, and as he expected 1t
would turn out on the trial.
The witnen'es were then examined.
EIhe following being the fubitauce of
what was ftated by the principal wines
fes, is an abffract from The pamphlet ac-
coun. Of the trial printed by Mr.. Bangs
In thar pamphlet the evidence will be
found detailed much more at length, s.kb
the charge of the Chief Jufice ]
DIR. Sbaftuck Ca the I'D day of De
cember lait was called TO examine CAT.
pard Dennegri, he hal large conluGon
on the head, above and behind the ear
there was no depreilion of the skull he
had iymptoms Of lung fever. From an
examination of the injury, it appeared
there was an effuGon of blood between
the fealp and the skull and an incifion
being made few days after, in :h- icalp,
bloody f,an, was found. lie died on
the 9Th OF December, having been de-
ranged for two or three days before. |
examined the body, and found the skull
to be fractured The fracture was two
or three inches in length. and wider 10
ward the baie of the skull. than in the
middle of the fracture The brain was
found to have been inhamsd, and the
blow had caufed partial feparation of
the futures of the skull
Laurence Nicb3Ls, being fworn, fiated
that the deceafed lived with him He
faw him on the day he received the inju'
ny The deceafed had then apparently
no dileafe he was we'll on the tirf of
Deco mber. The prifoner had no &C.
quaintance with Dennegri.
Charles Rogers, being fworn, faid he
was prefent, and iaw the whole tranfac-
ton 1t was at the Roe Buck Tavern,
near the fifh market. Fofer, the fon of
the holfeis, was reading by The light Of
Candle, which he held in lis HAND Den.
I negri blew it out. Ii being lighted again
Phillips then took it, and fald he would
knock down the hrit one that blue il out
A friend of Dennegri who underitood
Englifh, (for ID was an Italian, who had
lived 10 this country about four months,
and had not learned the languagel told
him what Phillips faid. Upon this, an
other perfon prei@nt, Vautier, thlut his
fit into PhilIips's face, and offered TO
fight him Phillips W fhed 10 fight Vau
tier, but the others intersered, aud pre-