The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1866-06-29
SUPREME JUDICIAL COURT.
M Az TER M, 1see
TArLEY, J. PREsIprSo.

Atty, E. b. Smith, for State. Drew & Hamilton,
counsel for prisoner. Indictment for the muir
der Of Daniel Folsom, Of New6eld, on the 18th OF
October, 1865. Indictment found at the January
term, ls66.-Two blows'were alleged to have been
inf icted upon the head with club three feet In
length, fracturiny the skull Venires for twenty
eight new jurors were issued for the trial of this
cause-from which the following panel was drawn
by the Clerk, the prisoner peremptorily challe9g-
ing ten others. Jury was empsnslled on Monday
James G. Purbush, Wells.
John Grant, Lyman.
BENZ. +. Goodwin. South Berwick.
Charles Smith, Kennebunk.
George Bennett, Sanford.
James n. Roberts, Lyman.
Edward II. Staples, Biddeford.
Oliver Day, Alfred.
Charles Hammond, Wells.
Elihu Hayes, Lebanon.
John Q Adams, Biddeford.
John .. Adams Was appointed Foreman by the
Court. The indictment was read to the Jury and
the Court adjourned until Tuesday morning,
they being placed under the charge Of the Sheriff
with instructions to keep them In some safe and
convenient place, and allow them to speak to no
one except the officer in charge, and no one to
speak to them during the trial.
On motion Of the County Attorney, Mr. Kim.
bell, Mr.. Smith, Of Saco, was associated with him
as counsel fer the Government, who opened the
case Tuesday morning and stated the facts relied
on by the prosecution--Thst on tho evening OF
the 18th Of October last the deceased was at the
house Of Abram Durgin. In Newfeld, where bud
ley lived. in his usual health-that carly In the
evening Mr.. Durgin and his wifs retired, leaving
Dudley, his vito and Folsom up together-that
early In the evening deceased had taken the wife
Of the prisoner down in his lap, which he regard
ell motive for the deed-that about three o'clock
in the morning OF the l4ih the prisoner awoke
Durcin and told him that Folsom was out OF doors
lying on the ground; Durein and Dudley went
out together aud found him In q senseess condt-
iona physician was called who pronounced II a
fit of apoplexy--Folsom died Sunday morning,
and was buried Tuesday-after his burial SUSPECT
ons were aroused, and post rnortem examination
held. which disclosed two severe conclusions upon
the head, and very severe fracture OF the skull,
with two large clots Ut blood resting upon the
brain. These and other facts were substantiated
by the Government by calling DR.. Stephen Adams,
DR.. Ebeu F. Severance, Abram Durgiu, Lucinda
Durgin, Stephen l.. Adams, Martha Jane Morri.
son, aud by inspection of the skull OF the dcceas'
cd which was produced In Court by DR.. s. U.
Clark Of Limerick. The Government occupied the
term until Wednesday morning ut nine O'Clock, In
getting out their testimony, and then rested their
case.
In opening the case for the defence Mr.. Hsmil.
ton. II the prisoners counsel, made statement
Of the facts as the prisoner said they occurred.
Admitting most Of the facts proved by the Gov.
eminent, he said that Dudley and his wife laid
down upon the outside Of the bed In tn. same
room with deceased. leaving him sitting before the
fire with large pitcher Of cider, OF which he had
previously partaken very freely during the even
ing; that Dudley laid down first, he and Durgin
having been at work during the day building wall.
aud fell asleep, and afterwards his wife, expecting
that deceased would go home Immediately after
drinking his cider. That deceased was y man who
hal been all his lifetime very intemperate That
A. ..ulN aknn Ah
cries and struggles Of his vile, and found the de-
ceased cnleavoring TO have intercourse with her;
he sprang from the bel, caught deceased by the
arms and shoulders, scuffle ensued which re-
suited IN Dudley 3 throwing Folsom out OF doors,
and Folsom falling when he went out. Dudley
shit the door AMI fastened It, and knew nothing
more Of Folsom Till about three O'Clock. lie heard
sheep in his garden, and got up to drive them out,
and found deceased about twelve or fifteen feet
from the door In the situation described.
Mr.. Hamilton discussed the law OF murder In
the first and second degree, manslaughter, excus:
able homicide and justifahle homicide. and traced
the distinction between these acts and claimed that
the prisoner was justified In all the acts which he
did. and that u any unforeseen result occurred, as
In this case, the prisoner Was not answerable, and
that this was q case Of justifable homicide.
These facts were sustained by Introducing them
as witnesses OF the prisoner and his wife. Both
were subjected TO searching examinations and
made under oath was introduced by the Govern
ment, to contradict their present testimony. They
frankly acknowledged the falsity OF their former
statements, but rigidly adhered to the testimony
rs they gave II to the Court The testimony was
closed Wednesday night.
On Thursday, Mr.. Drew presented the defense
Of the prisoners TO the Jury with great ability In
| en- argument Of Ave hours length.
Mr.. Kimball, Co. Attorney, argued the case for
the Government on Thursday afternoon and Fri.
day morning with good deal Of ingenuity md
power. This argument was one Of Mr.. Kim.
balls best efforts.
Ju'lge Tspley gave the charge which was clear
and able exposition Of the law applicable to the
facts in the case.
The case was given to the Jury Friday afternoon
who after being out n short time returned q YER
dict VI "NOT GUILTY."
This verdict was received with marks OF pro.
found gratitude By the pri oner and his wife, who
had remained with him during the whole trial,
and Is commended BY those who heard the trial
aud were familiar with the circumstances, rs one
which Is sustained BY the facts and the Law appi'
cable thereto.
II, indeed, proved unacceptable birth day pres.
cut to the prisoner, who was twenty-five years OF
sge upon the day VI the verdict.