The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-09-21

the said mortal bruise, fracture and wound, died.
| And 50 tie Jurors aforesaid, upon their oaths
aforesaid, do say, that Francis Murphy ana Alex
ander Shea, the said Patrick Murry in manner ana
form and by the aforesaid, then and there ie
loniously wifully and of their malice aorethougot
did kill and murder; against the peace OF said State
and contrary the form of the Statute In such case
| made and provided.
true Bill (Siened)
ASA BERRY, F, reman.
| N. WEBB, Attorney for the State for said County
| OPENING STATEMENT FOR THE GOVERNMENT.
Nathan Webb, Esq, County Attorney stated the
case for the Government as follows: Nay it please
your Honor and gentlemen OF the jury questions of
lie and death affect all who called upon to pass
upon them with the greatest seriousness. 1t is be-
coming in a proceeding, involving every trial
does, two lives, the fe Of the person deceased an
the life OF the person accused Of deprving person
OF existence, should be attended with all the solem
nifty of forms aud regularity of proceeding which
you see is resorted to this occasion. We are call
ed upon here and to discharge the heaviest re-
sponsbility that rest upon citizen, calmly
and deliberately 10 listen to evidence involving the
question OF the guilt innocence of fellow citizen
OF crime which if he is guilty is attended with the
severeSt punishment known to 0nr law. We should
enter upon this investigation with the soberest pur
pose to listen patiently, to weigh calmly, to judes
discriminatory, anil to determine farlessly. On the
one hand we shonld guard against yielding onr feel
ngs to the control of sympathy and compassion for
the accused, 50 that the unpleasant duy, If duy it
be, of pronouncing him guilty shall not be weakly
left unperforned; and on tie other side, to watch
ourselves carefully that horror apd adherence Of
the crime with which he stands charged shall fill
our minds with prejudice so that any privilege or
protection which the law casts about him and the
facts OF the detailed in the evidence should
be denied him.
Looking at the serious results to him, and the m-
portance of the trial to the public should endeav
so to hold our minds suspense as to judgment
and conclusions that we may hear all that shall
be sal for and against beforecoming to sonclusoL'
It may appear difficult matter for you, If the trial
should be in any way protraced, to keep yourselves
in this state of freedom fiOm prejudice or bias
the ride the other but is your duty to do 1t
as far as il Is in your power, aid when you have
formed your conclusions you should not allow any
anticipaions OF condemnation the part OF those
who may differ from you In judgment to swerve you
from fearless pronunciation; upon you rests the
responsibility of determining all questions OF facts
here; each of you under his own oath must make up
his own mind; there is no escape from the respon-
sibtv You cannot look to each other to form opin-
ions for YOU you cannot look to counsel which may
be engaged upon the side the Others you can
not look to the Court. Upon you, upon you only,
and upon you exclusively rests this responsibility
have no doubt that protected as You wil be from
any improper influence and eager every right
minded mani to come to a sound and true conclu-
sion in matters of this importance you will be able
10 to perform your duty that however Others may
agree or may differ with you you will be able always
to have the approval OF your conscience.
The law of this State defines murder, which Is the
crime for which this man stands charged, to bs the
unlawful killing of human being with malice afore
thought, either express or implied. This definition
may at the first appear perfectly simple and yet in
the Interpretation of the few words which thus de-
fine this crime OF the best transI, most ACUTE
and profound minds have found the exercise OF the
highest skill. The word malice used in this stat
ute does not necessarily mean airy motive of ven
geance, any spirit OF hatred, any long entertained
III will, any special luminosity towards the sufferer;
it means ather welcomes OF the mind and heart.
1t has hesn variously defined; mind fatally bent
on m schief mind reckless and regardless OF its
duty, bad and corrupt mind. will read to you
some Of the definitions, few of those only which
have been used by Courts in endeavoring to instruct
juries upon this matter.
The County Attorney here read ex tracts from re-
ports interspsrsed with running remarks his own
and then proceeded. do not feel called upon, as
this is a matter to be discussed by able counsel who
to close this in the argument and you to
be instructed fully by the Court, to consume more
Of your time in this part Of tho ease.
Let me directly to tho facts in this case and
to begin with, let me state to you in plain easily
phraseology, what the charge against this
man. Its that he did wilfully, t6oniously and of
his malice atorethought kill and murder Patrick
Murray, the deceased by pitching him down stairs,
and striking his head upon the foor thereby break
ing his skull. That is the short of it. The pres
sion of the indictment is confused in obedience
to some of the absolute rules Of law which we
Obliged t. follow and art Of precaution that i'm
portant and necessary allegations should be omitted.
And what are the facts which the Government ex-
poets to establish to support this charge? In this
city, at the Of India and Fore Streets is ho-
tel generally known as Bradley's Hotel Upon the
lower floor upon the level of the street, that build
ing is occupied for the purpose Of trade by stores
tho whole lower floor of that building is taken up
by the stores, wi4h the exception of entry ways by
which access is gained to the second story. Upon
the second story you enter the hotel proper After
passing up flight OF stairs you come to the office
OF the hotel and there is the dining and wash
ing room, and the various other public rooms upon
that floor; ascend higher and you to the sleep
ing rooms. II is hotel is approached either from
Commercial street direct by flight OF stairs running
up the middle OF that 'front.' from India street by
flight running on the back end, the upper end the
end most remote from Commercial street. The gen.
eral entrance il on India stres Coming in ON India
street. going En- ono flight of stairs Won come info
massage wav: II on rise To the tan of the first oor
Won coma unou the floor ot tbe hotel, and turn tn the
second flight which carries you to the chamber.
There Ia M SECOND 3ipht from the stairway on Conn
merc,al street nersor seekinu IN on into sleen
ing anartment ia obliged to 90 nm ON tbi. end.
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