The northern tribune. [volume] (Bath, Me.) 1847-1855, 1848-03-24

that he loved Cesar less, but that he loved Rome
more" The murderers of Mathews appear TO have
hap no iIl-w against him II not that no leued
Mathews less. but he oUrd the money His pres.
sing want of money to supply his OCCASIONS seems to
have been his controlling motive in the murder
Mr. commented on the fact that no hypothesis of
of this murder is up in opposition to that of the
prisoners guilt. There is no other hypothesis. All
that is left for the other side TO endeavor to do away
with some few of the circumstances. Mr Ii went on
to at some length replying to the points Oh MIR Evans
argument.
Mr.. Blake said he would ask the jury to convict
unless all these circumstances and this testimony make
out n case OF guilt beyond reasonable boubt He
would not say that the jury should feel no sympa-
thy for the prisoner But before they admitted their
sympathies to run away with their better Judgment
they should think for moment OF the agony Of the
murdered man, of the grief of the circle of friends of
the widowed mother at the deceased weighed down
with sorrow and anguish. The jury should not DE
mere machines, but they should aim at justice to the
prisoner and che country The verdict is to be given
irrespective of consequences to the prisoner. The
public, society, justice, have claims the jury as
well the prisoner. Mr. Blake said the counsel for
the prisoner having discharged their duty and hs hav
ing now done what lay in his power 10 present the ev-
lbence stands he could not close better than by
calling him to whom this house is dedicated to aid
the jury to do all their duty
AFTERNOON.
Chief Justice Whitman charged the Jury as follows
This protracted trial is now drawing to close and
the evidence being all out, and the addresses of the
counsel on both sides terminated, is proper that the
Court should address the jury that improper i'm
pressions may be left their minds The prisoner
and the country have right to an impartial jury The
crime charged of the highest known to our laws
If the testimony before you is sufficient you are un
hesitatngly to convict. If not to acquit. In the
indictment, there four courtsIt is usual for the
Attorney General to insert in indictments ofthe offence
because he canuot know exactly what the evidence
will he. The first court is for murder by blows this
is not relied and on thss the prisoner should be
acquitted. The other courts substantially for the
same thing killing the deceased by poison. 1t will
not be necessary to distinguish between these COURTS
The crime charged in them, is usually committed
m
cumsantia evidence, the guilty can seldom be con-
victed at all, aud the community is far from being s9
cure from the Preparation of crime. The government
IS bound to prove murder committed by the prisoner
and that with malice aforetbought. The word malice
is aot used in the common accepation but in legal
Sense The murderer may have no i'll will against the
murdered man. but design to do the deed is malice in
law IT aman goes into an affay or enters house in
the night time for unlawful purposes, and kills another,
it is murder. This implies malice in law. The statute
makes distinction between mader in the first and
second degree; but in the case of poisoning if rhe
verdict is guilty, II must be of murder in the first de-
gree, from the nature of the the poison cannot
have been given without deliberate intent to kill.
If the evidence of circumstances is such leave
reasonable doubt, there must be conviction much
as il the murder had been seen by witnesses, This
point the Chief Justice illustrated by several instances
tie said all the circumstances must be fully.
established, and they must all be considered
with each other. If the last that is seen of
Mathews is going into the prisoners office,
and his body is afterwards found on his prem
Uses, with prussic acid in his stomach, which
must have been administered after he went IN
there, and the means were there, and not
proved to be any where else, then it is for you
to judge whether the caseis made out.
The Chief Justice would commence by al
luding to the testimony of Thomas Flint. 1t
is for the jury to say whether his story is to
be believed. Flint confesses himself guilty of
aiding in the concealment of body he must
have known to have come to its death by foul
means and afterwards before the inquest
swears that he knows nothing of the transac-
ton, and that he went to Coolidge's office for
the purpose of reading books for a case. If
he had persisted in this story, you are to Judge
whether he was in any danger. On the con-
trary, if he comes out with the story he now
tells, he must have seen that he prostrates
himself in character, and covers himself with
infamy which will follow him as a shadow
wherever he goes. Unless some strong motive
adverse to the prison err is shown against Flint,
it is for you to judge if his testimony is not
worthy of credit. If any quarrel could be
shown between him and the accused-any i'll
will, that would furnish a motive. But if
Flint has no motive to lead him to testify
falsely against the prisoner, but strong mo-
tiyes to withhold his testimony, the jury will
decide if this witness has not told the truth
You will examine to see if the testimony of
Flint is not corroborated by other circum-
stances.
The story of Flint you have heard-it need
not be repeated, You will inquire if the
crime is traced to the office of the prisoner
if it does not appear to have been committed
in the precints of that building.
You are to inquire what was the motive of
the prisoner The government proves the
prisoner embarrassed, and becoming more So
The government also attempts to show that
the prisoner was attempting to borrow of the
deceased a large sum of money. This, if
gathered at all, must be gathered here and
there in the testimony. A letter was seen on
prisoners table for deceased-a letter is after
wards seen in deceased's possession from pris-