Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1862-03-28

", OF hs quit ahu NuN w "'"S y"
have YOU convict him short Of the rcqui'
site evidence il We could we must not
forget ,ha, the prisoner Ia only one Of the
community, each and al Of whom have
their rights, and among those rights is the
right Of life. II YOU shall find, in accord
ance with the Law, tina, one Of the commu'
nity has been rio,eniiy robbed Of her life
by the prisoner, we have the right to be-
licve that you will have manhood enough
to say % by your verdict. For such a
verdict, under such circumstances, your
characters a. men and your oaihs as Ju'
rors have been pledged to the community
in which YOU dwell and ofwhieh YOU form
a part, and to Him whose aid YOU have
30 solemnly invoked.
let Us also rccollect ,ha, we must no,
yield our judgments TO the appeals TO
sympathy on either hand. The fact that
the prisoner has innocent friends who
crieye for his sad misfortune, neither in-
creasos nor diminishcs his guilt in the
least; for herein he is like every other
person charged with crime. The vaga-
bond never travelled this earth, 80 vile,
who had no friend TO mourn over his down.
fall.
Neither does the vail Of orphanAgc tia,
comes up from the dead-house yonder, as
if besccching the spirit of murdered,
widowed mother to save her children from
the lev grasp Of the cold charity of the
world upon which they have been 50 un.
tremendously and cruelty thrown, have
any legal weigh; upon our judgments a.
TO the guilt or innocence Of the prisoner.
Our hart, may properly listen to such /;
because for such our hearts were made.
They may he keenly alive TO the wants OF
the inaoccn, and distressed. everywhere.
Bu, our judgments as jurors have no such
jurisdiction. so that how much socver
We may feel for the innoccn, friends Of the
accused: how icrvcntly socycr we may
implOre the good God - bind Up the
bruised heart We must recollcct that 1t
is no, the justice which our duties may
call upon u 20 dispense 10 the criminal,
which laceraies the hearts Of his friends,
but his Orra, roluNiary, danHing glfiii'
Then, gentlemen, To borrow hgure, let
Your judgments bc like mirror which
shall rraec; in your verdict the combined
image of the law and evidence submitted
10 YOU. And $40 10 il tha, no foul breath
shall dim it, fair surface, 20 that 1t may
reflect either an image tina, shall be fat
tering To the criminal, or cariaca,ure OF
justice.
}, will first call your attention TO the rrin-
eiplss Of las which should govern us in
such cases. which are very numerous. and
II you will 20 alou; with the You will be
surprised at The numerous safe guard. which
y, the statute. place arVsnd prisoDsr TO aid
hrn 10 bis defspcs.
/. F,r.I. no person car be arraisned except
by indiet.sn, iron the Grand Jury. The
Indictment. 70 which the Fr'-Onsr {, entitled
TO a cory. nus, set forth the whole offence.
Then be /. arraigned. ard hears the indiet.
meut read. The Court is Obliged IL assign
counsel iOr the defense. The Clerk must
furnish the pri.1ner With q lis, Of the Jurors
that have ben returned.
The constitution provide. thA, he may h
heard BY himself or counsel. The prisoner
can r~rvupturrly challenge ten OF the jurors
-ithout assigning any cause. The govern
men, !. obliged 10 open i;s whole cise De
fore the pri.onsr and bis counsel. There
are also time- ..isuei for the trial OF such
cases. - a. to give the prisoner time 'opre'
pare. lie - entitled 10 eOmpalsory process
to bring ia b.. witnesses. 80 that he has the
same treasury TO 20 to for hi. defense thai
the government has.
|, Murisr in general is called homicide. II
| IL divi.lble by law into two kind--lawfuI
and unlawful. Unlawful killing constitutes
murder. THIS is also divided into degrees
a, murder in the fr., and second degrees,
. The Ere, b. killing with express malice aiore'
thought, or in attempting TO commit som'
crime punishable with death.
We DO no, propose to di.eus ,bs-s sever
al degrees Of murder. bu, shall confne our
selve. 10 murder in the 6r, degree,-fO'
there p no fact within our knowledge whiei
gos- 20 show that the prisoner COMMITTED
murder m any other manner then with
, malice aiOre,boGsht.
! Malice. in Law. is when person ~ilfally
ard deliberately eomm,,sa crime. The Law
provide. ,ha, man is presumed TO be in
nOcent until be !. proved to be guilty. Then
sslin, every proposition 10 TO be proved be
yond reasonable doubt. Now wha, is
. reasonable doubt' Counsel read defn'
ton, by Justice Shaw. in the Webster case
Z THIS definition did 10, satisfy him. Tor !, di'
' no, seem to simplify it a, all. The onl.
a way to set at the meaning is TO take Oh
{ word. themselves, aud think what the,
! mean. Doubts. founded in reason.
There are two kinds Of tes,iuony--posi
tive and cireumstan,ial. I presume 20,
know what eircuustantial evidence i., ap,
: I will no, spend much ,in- in defining IL.
To form the corpus dci'eti. or body o
4 the defense. Il is usually necessary to sho'
V tha, person has been killed. But in 'hi
). ea.e. no one will at,smp, to deny that Har
0 rist u. Swan !. dead. NsIt. We must sho'
Il tha, che came TO ber death by violence
: and, lastly. ,ha, the prisoner committed th
! murder.
: Now for the facts:
Mrs. S~an va. widow abou, 40 year
Of age. Her husband had been dead tw
: years She live on the farm with her ebil