The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1867-02-22
TRIAL OF
CHAS. WILKINSON,
OF SACO,
FOR HOMICIDE
SUPREME JUDICIAL COURT,
Jss. Ter.s, Hes. q. 2. Ta PIey, Pre.idi.E,
COUNSEL roR TIE srArE:
INCREASE s. KIMBALL. COUNTY ATTORNEY.
COUNSEL FOR THE PRisoSER,
Assigned by tho Court
r. J. wEDGEw0OD. EsQuiRx.
To the indictment found below the pris-
oncr plead "not guilty"
INDICTMENT.
STATE OF M AlNE.
SUPREME JUDICIAL COURT,
Jss. Ter.s. Hes. z. p. Ta PIey, PresIdisE,
STATE OF M AIN z .

YORK, .s.
At the 8. j. Court, begun and holden at Saco,
within and for the County Of York, on the
lst Tuesday Of January, in the year OF our
Lord 1867;
The Jurors Of said State upon their oaths
present, that Charles Wilkinson, late Of Sa-
co, in said County, otherwise called Charles
Wilkinson, of Biddeford, In said County Of
York. Charles A. Edgerly, and Hartley +.
Lewis, both Of Biddcford, in said County OF
York, laborcrs, on the 9th day Of October, In
the year Of our Lord 1866, ut Saco, aforc-
said, in said County Of York, with force and
arms then and there feloniously, wilfully, and
Of malice aforethought, upon the body Of one
Charles F. Spear, Of said Saco, did make an
assault; and that the said Charles Wilkinson,
said Charles A. Edgcrly, and said Hartley +.
Lewis, then and there, with their hands and
feet, the said Charles r. Spear, feloniously,
willfully, and with their malice aforethought,
did strike, beat and kick, in and upon the
head, face and nose Of him, the said Spear,
and did then and there, feloniously, wilifully,
and Of their malice aforcthought, cast and
throw the said Charles +. Spear, down unto
and upon the floor Of the bridge and upon
the ground, with great force and violence,
then giving unto the said Charles +. Spear,
then and there, as well by beating, kicking,
and striking Of the said Charles +. Spear, in
manner and form aforesaid, as by the casting
aud throwing of the said Charles X. Spear
down rs aforesaid, several mortal wounds,
bruises and strokes, in and upon the head Of
him, the said Charles +. Spears, Of which
said mortal wounds, bruises and strokes, the
said Charles r. Spear then and there from
the said 9th day of October, in the year Of
our Lord 1866, until the 9TH day Of October,
aforesaid, then and there, to wit mt SacO
aforesaid, in the County aforesaid, did Ian
guish, and languishing, did live, on
which said 9Th day Of October, in the year Of
our Lord 1866, the said Charles r. Spears,
at Saco, aforesaid, In the County aforesaid,
Of said mortal wounds, strokes and bruises,
did die; and so the Jurors aforesaid, upon
their oaths aforesaid. do say that the said
Charles Wilkinson, said Charles A. Edgcrly,
and said Hartley +. Lewis, the said Charles
+. Spears, in manner aforesaid, then and
there, feloniously, wilfully, and Of their NAL
ice aforethought, in manner and form afore-
said, did kill and murder, against the peace
Of said State and contrary TO the form of the
statute in such case made and provided; and
the Jurors aforesaid, upon their oaths afore-
said, do further present that the said Chas.
Wilkinson, said Charles A. Edgerly, and said
Hartley +. Lewis, on the 9Th day of October,
in the year Of our Lord 1866, at Saco afore-
said, in the County Of York aforesaid, with
force and arms in and upon one Charles +.
Spears aforesaid, unlawfully, feloniously, and
of their malice aforcthought, did make an
assault; and that they, the said Charles Wilkin-
son, Charles A. Edgcrly, and said Hartley +.
Lewis, with the fists Of the said Charles Wlkin-
son, and with the feet Of the said Charles Wilkn-
son, In and upon the head of him, tho siad Chas.
+. Spears, then and there felonously, wilhllly,
and OF their malice aforethought, did strike, kick,
beat wound and bruisc, the said Charles Wilkin-
son, Charles A. Edgerly, and the said Hartley +.
Lewis, giving to the said Charles +. Spears, then
and there, and thereby, to wit with the fists and
feet Of the said Charles Wilkinson, In and upon
the head, nose. face and forehead OF the said
Charles +. Spears, divers mortal strokes, wounds
and bruises, OF which said mortal wounds and
bruises the said Charles Z. Spears, from the 9th
day Of October, In the year aforesaid until the 7th
day Of October, in the year Of our Lord 1866, at
Saeo, aforesaid, In the Countw aforesaid, Of the
said mortal wounds and bruises, died and so the
Jurors aforesaid, upon their oaths Aforesaid, do
say that the said Charles Wilkinson, Charles A.
Edgerly, and the said Hartley +. Lewis, the said
Charles +. Spears, In manner and form aforesaid,
feloniously, wlhilly, and Of their malice afore.
thought, did kill, and main, against the peace OF
the State, and contrary to the form Of the statute
In such case made and provided. And the Jurors
aforesaid. upon their oaths aforesaid, do further
present, that the said Charles Wilkinson, Charles
A. Edgerly, and said Hartley i. Lewis, on the 9th
day Of October, In the year OF our Lord 1896, at
Saco, aforesaid In the County aforesaid, did felo-
niously, wilfllly, and Of their malice aforethought,
kill and murder the said Charles f.Spears, against
the peace Of said State and contrary to the form
Of the statute in such case made and provided.
And the Jurors aforesaid, upon their oaths aforc-
said, do further present, that the said Charles
Wilkinson, Charles A. Edgerly, and the said
Hartley +. Lewis, at Saeo, aforesaid, in the Coun-
~ aforesaid the 9Th day OF October, 1856, felo-
niously, wilhlly, and Of their malice aforcthought,
did then and there kill and murder one Charles i.
Spears, late Of Saco, aforesaid, against the peace
OF the State and contrary to the form OF the stat
ute In such case made and provided. And the
Jurors aforesaid, upon their oaths aforesaid, do
further present that the srid Charles Wilkinson,
Charles A. Edgcrly. and said Hartley +. Lewis,
Of October. 1865, in and upon said Charles +.
Spears, feloniously, wilfully, and Of their malice
aforethought, did make an assault, aud that the
said Charles Wilkinson, said Charles A. Edgcrly,
and said Hartley +. Lewis, then and there the said
Charles +. Spears felonously, wilhilly, and Of
their malice aforcthought, did strike, beat, and
kick, upon the head and face Of him, the said
Charles T. Spears, then and there giving the said
Charles +. Spears, by beating and kicking him In
manner aforesaid, several mortal strokes, wounds,
and bruises, in and upon the head Of the said
Charles +. Spears, Of which mortal strokes,
wounds and bruises, the said Charles +. Spears
then aud there lsngushing, did live, from said 9th
day Of October until the 7th day Of October, afore
said, on which 7th day Of October, at Saco, afore
said, in the County aforesaid, OF the said mortal
strokes, wounds aud bruises, given as aforesaid,
said Charles +. spears died. And so the Jurors
aforesaid, upon their oaths aforesaid, do say that
the said Wilkinson, Edgerly, and Lewis, the said
Charles +. Spears, in manner and form aforesaid,
then and there feoniously, wilfully, and Of their
malice afercthough,, did kill and murder, against
the peace Of the State and contrary to law.
SAMUEL X. ROBERTS, Foreman.
A true Bill.
INCREASE 8. KINBAIL.
Au'y for the State for said County OF York.
JuRr.-william Noyes, Foreman. Abel
Smith, Jesse Gle, Daniel Hammun,i, Hugh
Wallace, Woodbury. Smith, A. W. Rogers
Nathaniel Smith, Jr, John b. Kicker, Rob.
er Hodgdon. Horace Gowen, Robcr, Ben