Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1862-03-21


formed an opinion.
Alvin Is Goodwin. Rumiord.
josiah Hutchin.Jn. Buesheld.
Peter Hardy. STOW, psrcmploFily ehA!.
lsDsed.
J.iru. X. Hammond. Paris.
Seth T Ilulhrcok. OIford.
/ CALVIN Il Keen. Samncr.
The Jury a. smrAnellOd 10 a. follow, -
I Seth T ilalbrook, Oxford. FSrrnas.
i J.Irus II. Hammond, Paris.
I John Assr.. AndOvrr.
OrvIlle Brigham. Buckheld.
John A. Blister. Norway.
VIII AN Cha... IIucsfeld.
! stephen DsolorIh. Porter.
Caleb Fuller. Woodstock.
, William Frs, -. Norway
ALVIN II Gniwin. Rumfri
JOSIAH Hutchinson. Buckfsld.
! Calvin Is, Keen. sumner.
; The opening remarks lOr the prosecution
yer. made by ". ". Virgin. E.q.
ils remarked IA the Jury that they bad
jl.l witnessed an unusual scene IL wa- an
unusual .csne g. him.
You have bsiore 700 young man Who
u charged by the Gr Add Jury OF being guilty
OF the crime OF murder IL ~as but short
time sgo that IN my Official capacity acted
m behalf " the State IN IN, trial Of q oass
Of murder. That was, and with PRIDE | NY
u. tLe Gr.i murder TRIAL that ever took place
in Oxford Coan,y.
/ do no, now propose to lecture you re-
4 sp-eting your jsiy. Tho Law provides the
cour.o fOr Us ell ~ take. aud they are we'll.
beaten paths because they have beon lobs
travelled.
/ You will not witness in .h, case an EFFORT
mad, on the part Of both parties to obtain
. verdict IRON the Jury. The obpe, Of the
counsel on bath sIdss Is only To ASS, tho
Jury in arriving At JUS, verdict. Tho
prisoner has able counsel. who will remain
here, and uniirinsIy All shs prisoner, aud
go that he ha, all hi. Iss.l rights.
b hot we mus. reoollecI that. while We take
care lh.I the prisoner has hs legal rights,
that be s only one IA this community, and
, that each one IN iLs community h.. rights
aud II you are satisfied that ,hs prisoner has
robbed person 10 tia, community u lie.
!, IL your duty, On your oath, TO convict hln
OF IT, We should not BE- carried away BY
sympathy fur the rrl'Opcr. and Tor the pri'-
oner's innocent lriend', because every per.
son 10 the community has hi. iriebd.. 10
should not be taken into the account that
\ Mrs. Ssan lciI innocent children. We
should let our hearts ~ What belongs ~ tho
heart. and our judgment. ~ VIA. belons,
to the judgment.
Z I wall first call your attention ~ the prin-
cipl.- of Law which should govern We IN
such cases. which are very numerous, and
IT you will 20 alon. with me. yoa will 10
.urpris.d at the numerous. safe guard, which
the stAtst.s place around prisoner 10 AID
h,m in hi. defence.
First, no person can be arraisnei except
By indictment from the Grand Jury. The
iod,etmeot, to which the prisoner Is entitled
to copy, must Sc, forth the whole offence.
Then be u arraisned, aud hears the indict.
men, read. The Court /. obliged ~ assign
counsel for the defense. The Clerk must
furnish The prisoner with liz, Of the jurors
that has. ben returned.
The constitution provide. tina, be may 10
heard ny himself % counsel. The prisoner
can psremptorily challenge ten Of the Juro"
without assigning any cause. The govern.
ucnt 10 Obliged 10 open u. whole case bc'
fore the prisoner and bis counsel. Thsro
are also lime- assigned for the trial Of such
ca.es. o. a. u give the prisoner time u prc-
pare. lie - entitled 10 cOmpulsJry process
10 bring ia he witnesses, - that be has tho
same treasury to 80 to Tor has defense that
the so,srnmen, has
Murder in general is called homicide. 10
b. dri-ible by law into two kind'-lasfal
and unlawful. Unlawful killing constitutes
murder. Thus /. al,o divided into degrees
., murder IN the fret and second degrees.
The frst !. killins nth express malice aIOre-
thought. or in attempting to commit sOms
crime punishable With death.
We DO not propose to tIscus thee sever.
al degrees OF murder, hu, shall eonsns our
selve. to murder in the frst dssree.-for
there 10 no fact within our knowlsJge which
GOES TO show that the prisoner committed
MURDER IN any other manner than with
malice AiOre,hought.
Malice, in law. !. when . person wilfnlly
and deliberately commits a crime. The law
proyid that man i' presumed to be 10
poceni until he !. proved to be guilty. Then,
again. every proposition is to 10 proved be-
,ond a reasonable doubt. Now what 10 .
rsa.onable ioabt7 Counsel read dsfni-
ton, by Justice Shaw. in the Webster case
This defn,,iOn did tot satisfy him. Tor !, did
not seem to simplify IL at all. The only
way to get At the meaning Is to take the
words themselves. and think what they
mean. Doubts. founded in reason.
There are two kinds Of te'timony-posi.
two and circumstantal. I presume you
know what eircumstantral evidence 10. aud
I will not spend much ,im- in defining %.
70 form the CoypSS dfifn, or body OF