The Portland daily press., 1869-10-02
Superior Court.

Howard delivered his argument for the defence, as
follows:-The prisoner, Mrs. Parker, Is before you
upon the indictment found against her by the grand
jury charging her the day of june with having
made an assault upon the body Of Mary E. Baker
feloniously, wfully and with malice aforethought.
The charge is grave one, and we meet 1t at once.
1t is admitted that Mrs. Parker did the deed, but
deny distinctly the intent. The Government fail TO
make out their case when they fail to show 1t was
done wickedly and with malicious intent. We had
supposed that this matter would not have an airing
here in Court, but there would be end put to 1t
before it reached here. We contend that Mrs. Par
ker justified in doing all that she did, ii she
was in possession of her full mental faculties with
intellect unmpaired She has exhibited herself here
before you, how, it is not for me to say. We have
not put her upon the stand, the reason for which you
can judge without my giving it. She is entitled by
the law of the land to self defence. She had right
to defend her person, her chastity her liberty even
It sacrificed the life of another. She could defend
the liberty OF her husband, his property his chasti-
ty, and say, il necessary, sacrifice the life of the
destroyer She married her husband because she
loved him and he loved her. No one will question
that who has heard this trial. His affections were
part OF herself and doubt the dearest part; and
could not she defend them with all the violence that
was necessary? say her acts, proved here, were
excusable orjustifable if she sane. She was in
a condition Of being robbed by this being who came
In and seduced her husband from her. Up to the
fall Of 1867 Mrs. Parker and her husband had lived
happily together, and then this woman came like q
serpent between them, and it was then Mrs. Parker
began to suffer. She began to be restless she could
not eat, she would moan and sob night and day, and
upon being inquired of what the trouble was, she
IN toll
All! gentlemen, how these good women will keep
these things all of us know. When she was taken
sick with that trouble, when, if ever woman needs
sympathy it is then, she called on her husband for
few drops of water, which he refused and fell to
cursng her. She was destitute, sick and alone. In
that condition she was for days. In that condition
her husband came home on the 31st OF May, and she
took from his pocket three letters and two pictures
do not profess to be judge of these matters, but
IL can read human countenances Alright should
say this was one from decent man would run; one,
In which there no attractions but to man de-
moralized by drink She opened these letters, and
seeing the pictures, she could scarcely contain her
self. She reads the letter. 1t commences, "My
Dear" Who says my dear to her husband, who but
this vile woman? 81 am very sorry you have so
much trouble, but hope it will soon Iass away.
How do want to see you, if it is only for little
while. II you can leave think it is safe at Mrs.
Fps" Safe? Safe for what? This vile, miserable
woman appointing places Of designation with her
husband. She suspected as much, but here is the
fact "You have been in my thought night and day.
You know am desperately in love with you, and
you may be sure I will be true to you, as true as
Heaven" Think of such q person appealing to
Heaven and talking of Lowell Why, gentlemen, she
msspes the word; instead Of 10 We 1t should be
LUST. In another letter she ssys:"Andrew is 60
ing in the next steamer for California get ready to
go; now is the time" Then she repeats her love for
him. Mrs. Parker was then, as the witnesses have
told you, laboring under puerperal insanity. And
in that condition she read these letters, and they
sunk deep into her heart. Was 1t strange she be-
came maddened and insane? Now we contend that
she was upon everything but this terrible sub
ject and If she acted under this monomania she is
not responsible for this act. Was she affected with
refer you to all the Witnesses, both
for the prisoner and the Government Do you won
der gentlemen that all these troubles produced this
Suppose a man should appoint places CT
assgnation with your wife, and urge her to fly with
him, telling her he could provide for her better, and
make her happier than she now is? Would you hes
itate moment? Would you not defend your home
and family until your dropped from their SOCK
ets9 All these things preyed upon her night and
day, and then these letters came to her, and il
brought on paroxysm OF insanity. She might know
1t wrong but still 1t upon her and she could
not control herself the impulse irresistible and
that is madness. She went up TO this Promenade;
she there her husband and this being together
and again that terrible paroxysm came npon her,
and she rushed up and the deed was done. Was
this cool, premeditated murder? Why did she not
aIx, fl,aa
livering herself up to the officers? She had the pis
t9i with her to protect herself, for she had been
threatened time and time again. Why is not the
prosecutor here Tor whose benefit this is being
ried on? Where is thi, woman whose honor is being
lady9 Gentlemen, ask yourselves. leave the case
In your hands.
Mr.. Webb, County Attorney, argued the case
briefly: The object and aim OF the law is TWO fold
To prevent the preparation Of crime by means of
punishment inflicted upon thel criminal and to at
ford general protection to society against other per-
of evil dispositions by the example OF the pun
the ultimate purpose being safety to the
people and to lift society out of that position OF an
archy where private wrongs are avenged by the in
dividual according to his spirit of revenge ana
his own weak judgment. 1t is an easy matter and
NJ AaiAiceo ~ puulSh eOhi0 'oe"oo'N'
friendess, peiniless a nuisance and q pest to the
community, whom to get out OF the way will be a
public blessing. 1t requires steady pursuance Of
the line Of duty to apply the law strictly and faith.
fully to a woman, unfortunate and abused II you
please suffering under outrages that NAV we'll stir
our wrath and rage; but our duty is no more clear
and plain in the one case than in the otber II an.
man may shoot the destroyer of his domestic ne.oa
and happiness, who has brought disgrace unon hi,
family, may not another who prizes his god above
his honor be permitted to take into his own hand,
the avenging OF wrong against his property? WHY
not allow every one against whom q crime has beer
committed to go abroad in pursuit OF his victim,
Why not allow every insult to be avenged by tn
knife on the spot?
This charge was an assault with intent TO kill an
murder with malice alorethought. Every part of
has been proved every element has been estab
lished. Was the assault committed? 1t is acknowl
edged. Was it with q deliberate purpose? 1t i
acknowledged. Was that purpose to kill? 1t is &C
knowledged. Let oil who have any feelings of char
ity and kindness for the prisoner be grateful that he
aim was turned aside and did not do the foul mis-
chief that was designed. The doctrine of self de
fence which il set up here is mockery to the law
and mockery to common sense and reason, an
the Court will instruct you that she was not In
position to exercise right of self defence. She
In. 10.