Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1868-11-19
The Franklin Homicide.

L f3n NJ FTlHkiH. OIL tiic sutH VI ouiy lat
e The Indictment was read to him and hi
G pleaded Not Guilty"
: J.. A.. Emery, Esq. County Attorney,
appeared; for the Government and Prose
cu,ion, and Arno wiswell, Esq, and Eu-
gene Hale, Esq. appeared for the Prison
er and managed the deicnce.
There was large number of Witnesses
who all gave substantially tho same yer
sion of the affair, the general features o
, which have ready been given to the Pub
lie. As the testimony of Mr.. Hooper v
J considered both by the counsel for IN,
Government and the Prisoner as the mos
fnn and accurate. We tim"ly give that a
this time
u Lorenzo c. HoGi,i, s,eorn.--r NJ, II
\ Franklin, was a. Vests landing on the
Goth of July last. Went down with Thee
Bragdon's team after goods, and got 10
the land in: before the scow got to the
! shore. When the scow reached the shore
helped load the team. and then came
ashore and sat down on the end OF the
| pile of weed. Urap was sitting on some
/ slecpcrs. near the end. and abreast OF the
end Of the wood pile. 10 the south, some
! fiv or six feet of.
GORDON came ashore with rubber coat
| on his arm. and coming 10 Iran. swung
! the rubber coat sero:s Trans shoulders,
and said come. En-, go load that team.
! ran was there with team TO haul Cor
den's goods) Tran made no answer
Gordon went Oh talking with some one
/ else, and then slapped Tran again in the
saue way, with the same remark. Cran
mig, have said some hing in reply, but |
Didn't Lear. Gordon appeared TO be in
play.
won't be &c, .ain that Tran had the OK
roafl in hi. hanc, nj he time, but he had 1t
near. lie swung It with his right hand,
back handed and hit Gots.or III the Sfoih'
lie was sitting then, but as he swung Tue
road he rose up, and stood theIc.
Gordon walked off few steps. SOME
fifteen feet, seemingly in great pain. lie
was bent over as lac walked. smith made
some remark to Go don. taumting him
about being hit by Urau. Gordon turned,
and camr right back and as he came
back. said Yes. but he daren't do ii
again. " Coming up near to Iran, Who
WAS then standing with the goad in his /
hand. q ordun said. En-, you hurt me,
Tran answered You struck me first.
Gordon said ''if YOU don't know any bet I
ter than 10 stake i IMAM that way Wien he
is IN fun You ought 10 be learned better.
Gordon further said, you ought 10 have /
your head Knocked on. OF something like +
that Tran told Gordon to try 1t ii he t
thought he could do it. there was hard
talk between both. Gordon made some
talk about whipping, using some proiaue
language. Tran then said ''Dsmn you
John Pad You can, scare me. =
Don't know that Tran had moved from
his place. Gordon WAS very much enra.-
ell. aud so were both of them. Gordon
WAS within reach OF the pile. He drew
sliea about foot off the pie. lie said
few more words. which Tran answered t
back. Gordon directly took the stick, and T
struck at Tran with it. hit his hand and .
knocked the goad out of it. Tran then 7
stepped forward a step or TWO with his +
hands up-l don't know about Their icing I
open. lie missed his footing aud partly |
stumbled and partly fell, and as he WAS
falling. n second blow cane down on the
back of the head and knocked him down I
insensible.
Bra don. who was near at the time. in
stantly caught Gordon b. the collar and
whrcd round and took him away.
think ran made step toward Gordon
lust before the first blow. The two blows
BY Gordon were Ii instant succession, as
quick as lie could heave up the stick. Iii
was a split stick cord wood lereti.
! Cross EXAMINATION.
The whole matter was done so quickly
! | had no time to inteiere. think Tran
held the gosd by the small end. 1t was a
niddliug sized OK goad. II Iran had not
stumbled, the second blow would have hit
Linn on the arm, near the shoulder.
As mentioned By the Judge in passing
sentence. there was ample testimony OF
the previous intimacy and warm friendship
of Gordon and Uran and of tn. excellent
character of both. The testimony of all
the witnesses was that up to the blow with
the goad. ii was only rough play.
The theory Of the defence was. that al
tie me of the first blow with the stick
Tran was advancing with the goad, and
Gordon III his excited condition. apprehcnd.
ed another blow with the soad. and hence
struck IN selt-deicnce. Prisoners counsel
also eontended that the blow was hot or
/ dinarily calculated to produce death, and
: that death would not have ensued, had not
: the deceased changed his position ut the
| instant.
Judge Kent gave the case 10 the jury on
Wednesday morning with fair impartial
charge. On the subject Of seif-defencs he
said
Self defence is the right of every man.
a man may eXcusably lake life in self de-
: fence. when eXigency requires it for the
safety of his own life, or protection from
great bodily harm.
But it is not every assault, or threatened
assault. that will excuse the taking of life.
The danger to his own life, or OF great
bodily harm must be apparently imml
nent.
The general rule is.-that if a man Is