Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-12-07
Jury:
Monday Afternoon. Continued.

Monday Afternoon. continued
Mr. Reed, Attorney General, commenced
the closing argument as follows:
.gay ii please your Honor md you .Hr. Fore
man aud Gentlemen If the Jurg:-tf IS not the
suleuuiry with hIch ,uu hasehe u ImpanDeed;
il is not The seeusion with which you have been
kept in this cases. it is not the crowded auditory
which has filled this hall day after day. as this
trial has progressed; ii is not even the ficfs of
the case ilseli, which renders this trial remark
able IL is remarkable because 1t is the hfsi IN
the history If the State of Maine, and Ia the full
extent the tir-t time in the history ut the world,
in which such defence has been presented tor
he consideration of twelve sensible men forming
a jury uf the country. | propose 7" discuss this
case in plain and distinct language; propose To
examine IL ia its various part>,-as citizen OF
the State think it my duty to do.
The prisoner comrs before you with every ad-
vantage. He has every privilege and every right
that can cobdace To- the protection Ut hs slight
=. interest He has eleven jurors challenged in
forming the jury, aud the government hut one.
An the power of the government Is placed AT his
4 spesai Witnesses summoned and paid by
ths State His able counsel here are paid ny the
same generous band. More than that. IN this
case they have been furnished with list Uf the
witnesses which we should call. They have thus
IA every opportunity to eater the case which
b "a to he presented, and we have hid none.
Aud this is the tenderness with which the law
crime in the Catalogue.
stand before you, to-day, gentlemen, in
different position, rs consider it, from that oe-
cupiel by the counsel on the other side; hut
whether il be different from what they consider
AS their duty NOT, do not make question:;
state to you what consider mine.
IL my duty 10 stand between the prisoner and
the people If this State; it is my duty to see jus
tice dome himsUn the part ot the people 81 ms
Srate,-and nothing more. have 40 right 10
have feelings; have M business to present evil
deuce which do not believe 10 be true. have
no right-snd, if | know myself have no i'll
clina,ion to take upon my self the awful respon-
sibility of urging upon you the CONVICTION of
man about whose gdit am not entirely con-
WINGED my self. Taking this view "t my duty l
have come before xou, nuw-and 10 II without
hes,ation--to ask of you n verdict o. murder IN
the first degree. | take that position deliberately,
after full consideration of the tncts of the
case:-I know that you value the snnctity of
Your oaths too highly, TO allow them So be tam
pered with ia any manner, ami L Know that AS
sou find the facts, and as the Court gives GU
the law, SO You will decide
call your attention, first of all. to the char
ac,er of this defence, which, if once admitted,
will shake the foundations of justice everywhere.
No human institution can be safe. Your own
position here would be a comedy, His HoDors
sineeure, aud my own farce.
What is that defence? II has been delicately
shaded off to you, by both counsel on the other
side: for the prisoner has had he benefit of able
and iuici,,us lawyers he has had every advan-
tage and The defence has been pictured to yon,
20 that perhaps you and no one else who has not
heard the facts would set the absolute aud entire
condition that exists IN 1t.
If that man was doing justifabe act in kill
ing a man under such circumstances--eyen as
are claimed by the cuunse-was il II justlhable,
proper aud suitable act? Then why d. they
want TO prove him insane? Ii he is insane-lf
God has bereft him of his reason. why should
they bring forward to your consideration pre-
tended principles of law, which, ii true, would
Justify man in full possession OF his senses
Euher they believe ct y one II these things, or
else they believe neither OF them. | commend
that consideration to your careful attention. The
cases which have been elected here III defence of
the principles which have been set up, are utterly
and totally different from these They resemble
them in no respect.
But | propose to take it upon their own
ground; aud to stigmgtjze those cases As a dis
grace to American civilization and dlshonor to
the menury of the men who pronounced those
verdicts which have been related here To you. /
refer, now, 10 the Sickles, Mcfarland, and Cole
trials. Every man knows what hiss and by
word the iury in IN. Cole trial has been 'la-
sane the mument before, insane the moment
after ~ hut they had their 'duuhts whether he
was sane ut the time he committed the act ~
Now, let me dispose uf une of theGases which
has been presented to you for An example IN the
State of Maine That is the cnse OF Mrs. Par
ker. True il was, that in the dusk OF the evening
he did set out to fluid her husband aud the
woman with whom he was reported to he cen
nected; tue il is that she shot ut the woman;
hut the testimony ia The c1Se--testimnny OF ez-
perts,-the testimony ct Dr. Harluw-shows
! III It she suffering under tempory insanity.
! She had recently given birth 10 chill, aud was
suffering from the insanity WHICH is very often
the result 1T that. lhe testimony was clear and
Dlniu, and trts, that il may be hong before 81
iury Of the STATE Of Maine can he brought TO
support such doctrines as has been presented
here.
me Siekies case WAS IN eatirely different one
from this; Mr. Sekles had pleasant and n
henutiful home; his wife he had married young {:
he had cherished her in his heart; he had always
given her a home; he had never driven her FROM
his door With repf0tches; be had never torn her
wardrobe tn tatteIs. Further than that MIR.
Ny his friend, man whom he had intro
dused TO the suciety of his wite--a man who
when questioned ahuut the matter denied il to
the full satisfaction OF Mr. ScIies.
Was there any th'ng IN that case that resembles
this? l.. there Athiug ia it thatis at all similar
II rs this man Huswell acted in That way Did
this man have sucha homer | know he dill IA I.
The same is true vi Coles case. The same is
r true at Mcfarland. Those casts are in no way
10 be compared with this,