The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1867-02-15


Killing with malice aforethought expressed
u murder I'm the first degree and is punished by
death. Killing with malice a1orethougiit I'M
piled II murder In the second degree ana pun
ished by imprisonment for life.
IL will be evidenced tn you that Mrs. SWEET
did not have such u malice rs the authorities
have quoted say Is essential TO murder; more
than that. she did not feel even spite against
hun, still more than that, there was not only
nm absence OF spite but the presence Of
strong love. showing itself in kind acts anu
cpnsiderate attention. There being then no
malice either express or implied her net can:
not be murder In the INST nor In the second
deqree.
The next division Of homicide II manslaugh-
ter, which In the unlawful killing Of human
being without any malice express or implied,
but while In the commission OF some unlaw.
wanting In mRnslnughter. For instance. Fin
sudden mutual quarrel. where the circum.
stances do not indicate malice, one should Kill
You will observe that T the party pa causing the
death must be In the commission OF some un.
lawful act. Giving morphine Is not Of itself
pends upon the quantity, the knowiedge OF its
effects, and the intent with which II n ndmin-
istcrcl. IL the amount be not an overdose,
be fntal and the intent being 70 benefit and
not tn harm, the net can not be unlawful-or
VI the amount be an overdose and there be no
knnwiedge Tint the effect would be fatal and
there be no intent to harm II cannot be unlaw-
The evidence we shall offer under this head
Dr SWEET wos n, ear,v life nm operatiye I'm
fartOry. He experienced religion, as the term
goes, and entered upon the duties Of Free
will baptist minister, but his habits were such
as Obliged him Ia give up that position. He
then moved to Kennebunk and commenced
the practice OF medicine, Without any prev
ious study, and only. such experience as ne
was n horse iocior Ills intemnratc habits
grew npon him iii IN tho later wears of his
liz hap on,,n Soma q ~ronnon,iv irtnxicnteJ
,roo,I,, am i,.,w,,,na % ,,n nonn y, mis nnmiiy
sGS,c6 s,n,iiw In, s,r mIs picions habits would
haw. i,.sm ;o-Jav az ia ar NJ no /. concerncd
hannv md nnbr2ken. Intemperance led him
came hnn,o IN lis ,yifc w,ith n disease which
Will snfiirieniiy main Tho reason she would
NJ o' the nhit nf t,,,,ny "S" ,norrSine in large
n,an'I,,". w.ar amG tie rom,ng sprin,.
Nrnnvi' Tho inincnc 90 s0f lis wife ho Ioinci
he moGI isnp,ars 'enrMGSe ,rrsS sc soI,ssH rsform NJ
.r,, n.oUs,n,,C,, .,,,,n,a,,mn afn,cts ri Manor
hsIpw tb,,s taken fr"m the brain no was I'm
ureot iongcr NJ doiirimm trcmcns and WINS
SShi~c,I 70 lake n,orpbimc I'm Larger doses than
ever toi,jpg So ,nuch sometimes ns In proiuce
tntnI icotion All This ,yns know, hy his wife
n,'d 4, a,." c.mn tn hcr Imowia,i"e TIM when.
ever ne TOOK morphine soon before OF nilri
urhnng mIur' ne wns MS SICK ma, Muu ,hm ,aca
onu ~ W,,,, .,n IL Ill., ~" ,,u ,no,, Sa ,a. drnnk
n,E ha id % ,,n, noon his n,oJuc Har the nurnose
~@ ~@ mu u ,; ~. sse ~, , n,s , & i,nr "r his
, III, III" ,n,,s s, VI Inv n,e ho d,a af,cr
Nv. . NH ~ ,,uJ III, ,,, % a., miooanb with
wnr ,n.n u..; " n,'n 'n, ,,,,t ,ba Jesir.I re
.nu e",ms M uesl n ,,, .. w VI ,o,.,o,,,a o hn,
s'n ,nr ,o,T,n min' ,no na moxt Sa% Win, she
%, ,c Nv, r.,niie,i ~ hcr mi, wos ths hest lining
, ,,,,, ~. pm,' Vi 1ama 10 go, ,io II 4 st, N omf
shn a,"i, ae ,,orn XII n tn him viii, lie
sa,,a ~, , n,r,",o amI re",,i, AnJ unon ihe gld
~ Scr, iast she "goin n,I,,,n,s,crca mornhin,
VI n',., 'an,, S'V "s' ,, ,, a,l,r an,d cy
WILL VIII I"o aa ne o., naa; Viii, ~ ,bc same r"snit
',M niS nS,. H. " ns', Nv WI ,,nr ,o I mn arn" ~,
omom,,c,,,v un,iar Tho in,inenc, nj habii ms
morrhne1thnt those accustomed 10 tho use
o., 1.u, az, an, ' 10 "nn hmnIro1, men Tbat what
ini ,I nS S ~ ~ ,nr,nsa omn 1,r o,n NO; ,cc's,omeI
m w r. wouid moi he 10 one who was accustoinrd
~, wu wv Tin ' o,,bo,'c Nv 40 ,ha a,nonn nj will
w. w., ,,,,; !i,o ,,nyc Him Sc~, "a mo- more than
al. al naa yiyen him heforc nnd No more than
sho h",i seen him cat yninntnriiv Then tho
mn ovcriose. She hnyina no knowisdpe that Il
wonId nrovc fatal and her knowledge OF IT'S
efiscts hot beinw such as would lead her to
sunnosc A. would proye fatal. and her intent
being to bencnt and not 70 ir,urc hlmIher
net Of ninlnis,rring I " conIn noI nmys Ti'
e'mw er fr W"n % viii iU remember ~ tat to constitute
mnnslnurhtcr, death must result collaterally
To- nm an nnnTii sGt; n, ,ou,.d. "a .xcus,,.
homiciie. TO illustrate it is cXcusabie homi.
eide When an officer executes CT criminal hnn In ln
Kills Kills another resisting or obstructing him in
iI% p.6Emaneo Of his duties or ,, where - one
D,rncIo"s H % "rim" m or where one Kills another in
self defence. or where one In the commission
'n,,w OF ,rgml Hc I. nn",her tn % ,lim,trnte m hi.
last, where one hunting accidentally shoots
another concsa or when parent n 10 danIhIs nhiis
accidsntaliy kills it, or where one administer.
ing mcdiclnc as mclicine death accidentally LS
~. com nSs of legal net in riyns him
iHs m, morphine, that shs had no intent OF harm
md death sccidentaiiy resulted: n6nr So,. ScS,s
ciIe. ell . and Your verdict must be not guilty.
THIS upon the snpposii9n that the evidence
n9s frS% n%. hls rs" OF ISn"f Wonid have You keep
in mind the following: One Of tho saluinry
rules by which EVIDENCE should be received ,i .'
OF oru ah~ w f1,cts should be- consistent with the
hypothesis OF the Govcrnment. Anotner RUE
1.-The ,. citcnmstanSs snSn,1 9nr no,hos,. bnt
thn one prop"ssd tn he proved.
I'm Fu.Sc,s G.. WARREN ,worn.-Ro-
al. :, R;JJcG,rd pr,ct;ccd 10 wears.
I % Ios, -" k..;.,.,, Smrceon IN tho 6th
M.;' ,,;,,,.,,, So. .nhs.n,cr,Iy mo-
.s maS -, l." Smr,,.on Have ..cn :,,c, of
"o' ~: - si.o on;,.r, ~ r,ornh;,o
aicon1nc P''.' .I ";o Vps "ona.,v ~ ~ "r nn;nro
Morpn'"c % W. a."'o P'opov ~
=
phla, Europeans use ac'tatc; MorPnihc 10
used Tor sedatiHc ctcct. Hs ehects arc
not uniform. In many cases will produce
obstinate wakcfulness. Age, sex, and
other things influence effects Of opium.
In nv opinion, from habit, more morphine
CON Lo t,Lcn than any other drug. Have
t..w,, 10" In Mi. y;c;n;ty. grains Of opium
n"p' - "v,rv hon. rnr bour, Nor.
10 uc E".m E,,,.,,v" -" ,nod;c;roWic0 IN tho
Pn'he 10 .u"'"" IT H., -.
system' not earr,eu o"' In nIon'. .,.;s"ns a"ns
with narcotic poEr'. Aeono' IoSJ' II.
.v coI moI;u"i ;u ai.ohoi Mornb;nc in .omc
;nJ;v;dual, produccs nausea. Cannot tell
how much opium would kill-large guam
titles, IL accustomed TO take opium' can DC
borne.
Morphine Ia more likely to produce nau-
sea II ono Is intoxicated. IL morphine .,', m III
lutcd, II absOrbs quicker rs gcncrai tiihR.