The northern tribune. [volume] (Bath, Me.) 1847-1855, 1848-03-17

CONCLUSION OF FIRST DAY.
lowing to mistake somewhere we failed to
receive the conclusion of first days proceed
ings until last night.
AUGUSTA, March IA.
Immediately after my last letter was de-
spatched, Mr.. Morrill,, for the Government, adj
dressed the Jury in opening the case.
He spoke of the enormity of the offence
charged-of the importance of the position
occupied by the Jury, and the solemnity of
the oaths which they had taken. He COM
mented upon the statute definition of murder,
and showed that the prisoner was charged with
murder of the first degree. 1t was incumbent
he said, on the government to show that the
prisoner had committed the crime charged
with "express malice aforethought," or in at
tempting to commit some high crime. The
ground taken in the case is, that the murder
was committed with express malice aforetho't.
He explained that these words mean a settled
purpose and formed design to commit the
crime. The burden of proof is upon the gov
ernment-they must satisfy the jury OF the
guilt of the prisoner But the jury are not TO
be influenced by sympathy or prejudice. They
are to have satisfactory proot-this in law Is
full preof-the proof is to exclude all other
are not to give way to shadowy or unreasona-
BILE doubts. This would be to defeat the ends
Of Justice.
A part of the evidence will be circumstan-
tial. The government may not be able to pro-
duce witness who will swear positively that
he saw the prisoner administer the fatal
draught-but train of circumstances may be
shown which will produce conviction on ev-
ery reasonable mind. Tie evidence will be
such as to show that the prisoner committed
the crime under circumstances of cool deprav-
ity, seldom equalled.
Mr.. NJ. proceeded to state the evidence which
he expected to produce. That the deceased
was at social party on the evening OF the
3Oth September last-that he went from there
professedly to meet the prisoner at his Office
that he was seen on the way-that he was &C
tnallv seen at the office between and in the
evening-that his body was found the next
morning in the same block of buildings, with
marks of violence excluding every other sup
position than that he had been murdered. He
spoke of the several counts In the indictment.
Is the government prove the administration
of any other poison than those named in the
indictment, or by compound OF posons-
or the murder by blows inflicted with differ
ent instrument than that named, it will be
Su0Stantlal PROOF Vi tHe Ctihio aieSeu. 'Ho
government will show that quantity Of prus-
sic or hydrocianic acid was found in the stom-
pch sufficient to produce deeth-that the poi
son was found in the brain and other darts of
the system-and other indications, peculiar to
this species of poison, were found id the sys
TEN. 1t will also be proved that there we've
deep gashes on the head of the peceased when
found, and the skull was fractured, indicating
that they were inflicted by sharp instrument
after death. There was no swelling, as would
have been the case if the blows had been in
fiicted before death. The throat also exhibit
ed marks of grasp. These facts create pre-
sumption that the death was caused by poison.
and the blows inflicted afterwards to evade
suspicion--or that the blows were intended
to hasten death, and abe grasp of the throat to
prevent cries il The dssdl., s.,-, ~