Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-12-02
Jury:
FOURTH DAY-THURSDAH.

court room seemed to be filled TO its capacity :;
yet, as the morning hour passed by, score at
ter score of persons arrived and in some I'M
accountable manner, compressed themselves
into the nterstces invisible to mortal eye.
| Mrs. Latin was seated in the centre OF the
bar, her thick black veil being drawn over her
| face. The wife of the accused, accompanied
by her little son, was seated among the spec
tators and watched the proceedings attentive
ly. At times she would cover her face with
a VEIL as if shrinking from the gaze of the
multitude.
At 9S5 Mr. Libbey began the following
opening statement for the d, fence;
Nav II please your Honor and Gentlsmen
of the Jury: This is the first time in my
practice, that have participated in the trial
of a case in which the life of a fellow citizen
was at stake. | need not say TO you that
feel deeply the responsibility of the position
occupy. But do not take the same view of
| the position | occupy rs one OF the counsel
| for the prisoner at the bar, that the learned
attorney on the part of the State, took in his
| opening. | stand here as one of the counsel
appointed by this court to defend the prisoner
at the bar, to see. as | understand my duty
that he has a proper, legal defense, so that
| all his rights as a citizen may he secured to
| him. do not understand that it is my duty.
to criminal lawyers, and often resorted to by
them, to procure the acquttal of the prisoner
| at the bar, by the representation oi any false
hood. by permitting the doing of any false
| hood here, by making TO you any false defense
! either in law or in TACT. l stand here I'M
pressed with the duty of my position, present
! ing to you the defense of man accused of a
crime which forf,its his life; but | am also
| impressed with my duty rs a member Of the
| bar, an officer of this court, sworn to Go no
falsehood, and to permit none to be done so
far as shall come to my knowledge, and if it
comes to my knowledge 10 communicate it to
| the court.
| And am happy to say, to you, gentlemen,
that my view of the rights of our client does
not require me to present to you any defense
that do not upon the most mature delibera-
| ton deem to be well founded, in law and in
fact. I am happy 10 be able to say to you,
that stand here fully impressed with the
conviction, that the interests of our client do
not require me to say anything to you that has
not the sanction of my most mature judgment
and the sanction of my conscience. 1t is our
duty to protect his rights. it is our duty TO
present to you fairly and fully his defense in
law and in fact so far as we are able.
| But we have approached this defense in the
start and all the way trough, under serious
difficulties, to us very serious difficulties.
Publications have been made in the press of a
partisan and of personal character, tending
to prejudice the public mind against this de-
PENDANT Some of you. many of you, per-
haps al, you have read them; but, l believe
gentlemen, / nave the most abiding confidence
that you are men of too much character, too
much integrity, understand your position too
well to permit any impression which rested
upon your mind from those publications to
weigh the weight of a feather one way or the
other in this case.
But there was another difficulty under
which we have lahorcd. The officers having
this matter in charge, in the outset became
bias. Ell strongly prejudced against this defend
ant, a kind OF terrorism has been exercised
in the place, in the city where this alleged
crime was committed. Witnesses have been
overawed. An attempt was made to overawe
counsel by these same officers, and we have
not been able in many cases to ascertain from
witnesses whom we have been compelled to
summon, because we believe material facts are
within their knowledge, we have not been
able to induce them to state what they knew
in regard to this transaction, because We sup
pose they were afraid to.
Then again in the start there was another
influence exercised The deceased was a
member of church, and that church as we
believe in the start, was very much pre- JUDGED
against this defendant, and that influence was
spread abroad through the press. l am hap
by to learn that the recent developments, as
the facts in this case are developed and come
| to light, that feeling is rapidly changing,
that influence is subsiding and being removed.
/ am happy to know it, because should re-
greet that any religious organization should
attempt as an organization or otherwise to
exercise any influence, one way or the other,
| in a case of this character, where the life of a
citizen is at stake. | believe it was carried SO
far in one case that minister of that church,
now residing abroad, who formerly resided in
| Hallowell, caused to be published Il communica,
! ton, in which he asserted with the utmost posi-.
tiveness that the deceased could not have been
guilty of the crime of adultery; because he
said he knew him when he WAS tdkon into the
| church, and think took him into the churcl
himself, and therefore he could not be guilty
OF the crime of adultery. But, | am happy t,
say to you, gentlemen, that that Influence is
subsiding. that feeling is changing; and il not
you, l know, would not permit it 10 have an,
influence upon your minds.
Now, gentlemen, | shall call your attention
very briefly, to our ideas of the law in regaro
to the crime with which the prisoner at til,
bar stands charged. And in doing so, in
tend, in what have to say, to present m,
views to you in plain, simple manner, with
out any attempt at rhetorical embellishmen
in any manner whatever, because | believe il
a case of this character, the most eloquent de
tense that can be made is to present, in plan
supple manner to the jury the facts in tn
case, and the principles involved in them
is a case of that character that little can b
added To it by way OF mpressing itself upoi
the mind, by rhetoric or any attempt at en-
/ bellishmen.
The prisoner at the bur stands here befor
you, charged with the crime Of murder, as ha
been correctly stated to you by the learne
l counsel for the State who opened the case; III
indictment sufficiently charges him with muir
der in the first degree; with murder, or it i
Of that character which authorizes you to find
because the lay of the State requires the jur,
in case like this to find, specially, it author
ICES you to find the defendant guilty of muir
, der with express malice aiorethought.
1t auihorzes you to find it the facts SHOULD
warrant it, a verdict of guilty of murd,r il
the second degree, guilty of murder with i'm
piled malice, such as the law implies.
1t authorizes you to find "A verdict of guilty
of granddaughter, or q general verdict of &C
, quittal.