The northern tribune. [volume] (Bath, Me.) 1847-1855, 1848-03-25
NINTH DAY.

AUGUSTA March %.
At 9 o'clock the Court assembled at the Court
House, and officer was sent to ascertain # the
jury had agreed, were likely to agree. The Of
ficer reported that the jury had not agreed but it
was not certain but that they may yet agree. The
| Court adjourned to half past ii.
| At half past IL O'Clock, the Court met pursuant
to adjournment, and the usual message was sent to
the Officers attending the jury to know if they hand
agreed The answer returned was that the jurv
| had not agreed and that there was no probability
of their agreeing The Court directed, that the ST
| icers in attendance on the jury bring them into
Court. The jury were conducted into Court, and
the foreman stated that he feared there no
pect of the jury agreeing, and the point of differ
ence "matter of Judgment on fact and law"
The Court informed the jury that if they were in
doubt as to any point in law. the Court would en-
deavor to aid them if practicable. The foreman
stated that there no point of law requiring to
be cleared up-the disagreement was as to the
weight of testimony sufficient to enable them to
render verdict and that it assented to by all
the jury, that there no hope of their agreeing
The Court directed that the jury return to thei
place of deliberation, there to make farther at
tempt to agree, and then adjourned till s o'clock in
the afternoon.
At o'clock, the Court once more assembled
and sent to the officer attending the Jury the same
inquiry as before The officer reported that the
jury had not agreed but that they may agree in half
an hour
At 4 O'Clock, the jury came into Court, and the
prisoner also brought in. The names of the
Jurors were called and all answered The verdict
rendered was, that upon the first count of the in
dictment the prisoner is not guilty and that upon
the three last counts he is GUILTY OF MURDER
IN THE FIRST DEGREE.
The Chief Justice inquired Of the prisoner if he
had anything to say why sentence sAould not be
passed upon him.
The prisoner said that he was an innocent man
that bis counsel had faithfully argued his cause but
had been weighed down by false testimony-that
thank God there is Gu9ther and higher Court be
fore which all must stand Snd where false testm o
ny will not avail And he would await with pa
tence the award of Justice by that tribunal CHI COS
ing in the meantime his lot, his sifuation rather
than that of another who night be within the sound
of his voice. He said j: would gaa nothing for
him to state what he kEew-but shak when he de-
parted he might leave it in writinG- lie babe his
friends and enemies an afectionate farewell. and
said he was ready TO receive his sentence.
Mr.. Evans said, before sentence is pronounced
he wished to make an inquiry of the Attorney Cen
eral. Since the jury went out he had understood
that amongst the private papers of Dr. Coolidge in
which the writes speaks of the Of prNssic acid
for cataract of the eyc-that the strongest kind
must be used-and advising H1m to try experiments.
If there such papers, he wished TIME to pre- pare
motions in behalf of the prisoner.
The Attorney General stated he believed theme
were ore or more letters in bis possession from
person CT the name of Potter; but although he
hao looked over bnt one of them, he did not be-
lieve there anything relating to prussic acid in
those letters. He would, however, give the coun-
sci the benefit of examining for themselves
Mr.. Evans said if there were no such letters in
the possession of the present Attorney General, it
would not satisfy him that the former Attorney
General d not ha C them. Mr.. +. would prove
to the Court that such letters have existed Mr.
F.. said. he knew of no principle on which the
counsel for the prosecution has withheld the pr-
vate papers of the prisoner from his counsel-the
accused is entitled to all the means to be had for
his defence.
The Attorney General said he had supposed he
had met the gentleman's statements with all due
courtesy. But he found it was not reciprocated.
The prisoner mist have known if any such papers
existed as is now alleged, and this evidence, if it
exists, should have been produced on the trial.
AS the counsel has chosen to impnte crime to
the late Attorney General, he would withdraw his
offer to submit the papers to the gentlcman's ex-
animation.
MIR. Evans proposed. then, to examine witnesses
-one of whom was present The counsel wished
10 consult with the witness in order to embody his
testimony in writing The subject here subsidized
Cor the moIGent.
The Attorney GenesaN stated that he had lust
had pacedin his hands a note found ar the Jury
ROOM under such circumstances as to render It
probable that it contained highly improper matter
attended cooperate on the jury. Mr.. b bore tes-
tnony to the good conduct OF the Jury during the
trial He passed the letter to the Court to be
subj ect to their disposition.
The Court stated that the letter was addressed
to the foreman of the jury, and it was passed TO
him. with directions to return it to the Court if not
on private business. The foreman stated after
opening the letter, that it not on private busi
ness ). but that it was addressed inside $40 the
Gentlemen OF the Jury" and was anonymous
Without reading the letter it was handed back to
the Court, and by the Court delivered to the Attor
ney General with directions not to let it pass out of
his hands. but to take such measures with regard,