The Portland daily press., 1869-09-25
Trial of Francis Murphy
FOR THE .T.... r..I ....
Murder of Patrick Murray
Judge God nrd's Charge.

D""6o ShANSVs
Judge Gaddard charged the Jury as follows:
Gentlemen of the Jury: The events of this
trial must L think have given you an increased
appreciation of the value which the law at
taches to one human life. The careful delib-
crate fOrmalities which accompanied your Sc
lection, the recourse to the ancient and sol
emn form OF drawing by lot, the extreme care
with which each OF you has been questioned
by counsel touching your views and opinions
in relation to the subject matter to be tried,
questions carefully framed SO as to detect the
slightest bias or prejudice which might have
existed in the minds of any of you, the careful
manner in which the whole case has been con-
Quoted by the able and learned counsel con-
nected with it, both in behalf of the govern
ment and in behalf of the accused, the scrupu-
lous manner in which you yourselves have
been guarded from the possibility of any I'M
due influence arising from your own families,
che exclusion of any book paper or document,
the exclusion depriving you for the time even
of the current news OF the day, all gentleman
must have caused you to realize as perhaps
you have never realized before the value which
the law attaches to the lite of one of its citi-
zens. But gentlemen, while you thus learn
the extreme sOlicitude with which the law
guards the prisoners life. the fearful penalty
which has always been affixed to certain cases
of homicide can not fail to direct your atten-
ton to the value which the law attaches to the
life Of the humblest person whether citizen or
er OF the State, and however worthless in
common acceptation that lite may have been
held. Such in the eye of the law is the impor-
lance of one human life, whether of a prisontr
upon trial fora capitaloffence or of the person
whom he is alleged to have murdered. An or
binary civil suit between two citizens, is
dignified proceeding, but, gentlemen, how
much more weighty and solemn is your duty
on this occasion, than that of juror or judge
when deciding the most important civil cause
ayypr frtn in or of rs1ot Nt,a trsa
of a capital cause is dignified and
sublime spectacle, under any circumstances,
1t becomes doubly SO when the life of citi-
zen hangs on the verdict of his peers, them.
selves citizens. of free government, who not
only make, but execute their own laws, even
to the extinction of the life of one of their
number. Without the control of any earthly
power, no more exalted duty is ever imposed
upon man that which now rests upon you.
The careful and patient attention which you
have given to the testimony of witnesses and
the arguments of counsel throughout this
somewhat protracted trial as a sufficient guar
antee that in the final consideration of this
case and in the rendering Of your verdict, fnl
justice will be done, both to the government
and to the accused.
The prisoner is charged with the murder of
Patrick Murray. one Of his guests, at the pris-
Oners own inn, in this city, on Friday even.
ing, the Sd day of the present month";.
Homicide is the killing of one human being
by another.
The killing of a human being may be la,cful
or unla,cfM. 1t is la,cfM when done in execu-
ton or in furtherance of justice or when done
upon an enemy in lawful war, or when neces-
sary for the prevention of atrocious crimes,
such as murder, robbery, HOUSEKEEPING in the
nighttime, and the like. t,s -
1t is atnlaacful when done without iustifiable
cause, or reasonable excuse IrE- =. .t8
The unlawful killing of human being is Ell
Their murder or nadrlslaughter.
criminality, and are furnished with different
degrees of severity.
Murder is the unlawful killing of human
being with malice aforethought, either express
or implied. "a 90 =
The term malice is intended to denote an
action flowing from wicked and corrupt mo-
tive. A thing done, nldIo amino, where the
fact has been attended with such crcumstan-
ces as carry in them plain Indications of a
heart regardless of social duty, and fatally bent
on mischief. Malice, in its legal sense, differs
from the sense in which the word is used in
common conversation. Though in law, as in
common speech, the term includes acts done
from il-wii1, hatred, malevolence, ana a desire
for revenge; 1t also includes all wrongful aud
wicked acts Intentionally and deliberately
dOue without Just cause or excuse. s.s-
Thus in a trial for murder, which is always
charged as having been committed with "ma-
ice aforethou9ht' it is not necessary to prove
that the accused was influenced BY feelings OF
pa 'ticular or special ill-will to the deceased
1t it be proved that the act OF killing was in
territorial, the result of deliberation, of design
to kill, without unsuitable cause, it will involve
legal malice.
Men, when in possession of their reasoning
faculties, are supposed TO intend the results
which ordinarily and naturally flow from their
acts. When, therefore. person deliberately
performs an unlawful act, the ordinary and
natural result of which is the destruction of
human life, or the doing of great bodily harm,
the law presumes such an act to be done ma
hciously, If life is thereby destroyed. Our
statute distinguishes between different degrees
OF murder. 1t provides that whoever shall
commit murder with express malice afore-
thought, or in perpetrating or attempting to
perpetrate any crime punishable with death, or
imprisonment in the State prison for life, or
for an unlimited term of years, shall be deem
ed guilty of murder of the first degree and
punished with death. Whoever shall commit
murder otherwise than as is set forth in the pre-
ceding section, shall be deemed guilty of MUIR
der of the second degree, and shall be punish
ed by imprisonment for life in the State
prison. it t'
Express malice exists where one with se-
date, deliberate mind, and a formed design,
doth kill another; which formed design is ev-
denced by external circumstances discovering
the inward intention, as by lying IN wait, ante
cedent menaees, former grudges, and concerted
schemes to take life.
This malice may be expressed by these acts
and external circumstances, as well "a Inv
words. The law does not require an EXPRESS.
ion by the lips or in words, but recognizes
other expressions, which really and truly dis.
cover the inward intention although unspoken.
Implied malice is an inference Of law upon
the facts found by a jury. 1t exists where one
attempts to kill or MAIN one person and in
the attempt kills another against whom no in
jury was intended, or in general, In any DELHI
crate attempt to commit a felonious act. and
death is occasioned in.the execution of such at.
tempt, although the original intention NAV
not have been to take life. frF -fqsf.r :. =
You Will perceive that murder in the first
degree embraces all cases of express malice
aforethought, and some cases where the NAL
ice Ia an infaranca Of ln.u. us. Al -