The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-09-24

T5ssSs krue history of Patrick Murray .,
Now gentlemen, was he killed? Of that there
questions. That it was Murray described in
this indictment there is no question He is
dead and buried What killed him? What
caused his death? ftF ~
Do you Mr.. Foreman have any question
about that? Do you gentlemen of the jury,
any OF you? Is there any need of arguing
what caused the death OF Patrick Murray? It
was the fracture of the skull and the rupture
OF the artery under it, and the blood producing
congestion. That caused death, and nothing
else. When was the fracture made? When
was the skull broken? Now gentleman from
the commencement of this case down to the
argument, there seemed to be. "a determination
to satisfy you as intelligent men that this
man fell down on Tuesday before in
the hold of a vessel, and that there
he fractured his skull and it was
persisted in-not that he had been killed
lustlhably in committing felony, not in en-
deavorlng to commit rape, but that he had in
his drunken fit fallen when his skull was bro
ken. Wen gentlemen, every one of the doc
tors called by the government and Dr. French
who was produced by the defence, swcre
that in their opinion that fracture could not
have occurred two days before. - d"
The Attorney General commented at length
upon the testimony, reading sfrom the Press
eport,raviewed the positions of General Shep-
ley, and concluded as follows:
Gentlemen ofthe Jury: I believe have been
over this evidence. You will receive the law as
Inc distinguished gentleman has told you from
the Court and not from me, and it is Derlectlv
safe Tor you to receive from the court. because
II the prisoner is injured by erroneous rulings.
ne mas remedy. Ii the government is iniur-
ca there Is no remedy; but the prisoner is not
injured. lay that it is duty to look out
LOT the criminal. L admit that it is my duty
and should esteem it my pleasure if / did not
believe him guilty to say SO, and I should saw
so. have done that in a case where exam.
lned the test moDy thoroug bly, and came to the
CONCLUSION mat The man ought not to be con-
victed. The crime was capital crime and
did not believe it my duty to urge this mans
CONVICTION l should not dare to stand here and
urge it, and would not for my life.
NOW gentlemen L want you to consider this
case cartfuliy. want you tc consider it con
sciousiy, without Tear, without favor, without
bias, without prejudice, and then swer unon
your consciences whether he is guilty of muir
der OF the first, or of the second degree or of
manslau2hter or not guilty OF either do
don't ask you to forget your humanity. to
throw away your humanity Gentlemen
when these little children stood here-tbe chill
dren OF this man, every child was pull at my
heart which L could hardly resist. 1 have
children of my own; / love them He loves
his children have no doubt, and every child
was pull at my heartfelt it pull at yours. /
nave no objection, it ought to do it. 1 would
despise juror who could sit in his seat calm,
ana cold as an icicle. Let him feel like man
the more ne feels the nearer he is to God
When Sir Philip Sidney was returning from
the held of battle wounded and dying, be saw
by the roadside poor wounded and diving
soldier, thirsty and crying for water. Sir
Philip denied himself the water that was Of
tered him. notwithstanding his wounds, not
Wlthstanding his greatness, and his necessi-
Ties, ne passed the cup to the dying soldier,
saying, brother, thy necessities are greater
than mine" A distinguished orator saws that
single act OF self-forgetfulness consecrated the
name OF Sir Philip Sidney Thousand times
more IMAM all his achievements on the field of
battle or in the forum
say gentlemen, have that sympathy God
gave 10 us--feel it--He meant we should, and
the more of 1--WE have the nearer we are to Him
and the more likesHm we are and if we are
without it we are like the devils But gentle
men, while you have it all, while You NAV
weep for the prisoner and tor his children you
are not to forget your duties as Jurors
could weep over the poor murdered man,
could weep over his deserted wife, over his lit
tie child. But gentlemen it should not infiu-
ence you at all in your Judgment either your
sympathles for one or your Sympathies for the
other. You are to be men, you are to do your
duty, you are to fear God and love man. re-
member your conscience be obedient to its
whispers-this is listening to the voice of God.
80 you ought, and 1 ought. If thus we go
Through life, if thus we do in every act we shall
receive a crown of glory and jewelled diadem |
even like him who sleepeth yOnder Ill. |
The argument of Attorney General FRYE was
concluded at about the usual hour of adjourn
ment yesterday afternoon, and the Court i'm
mediately thereafter adjourned
Judge GODDARD will charge the iurv This