Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-11-30

pIcaDle 10 inc case, we are not mere III DenalI
# the Government to defend adulterers; we
IRE not here to bring desolation upon happy
homes, or to destroy any of the sacred in
terests of society; neither are we here to
'ountenance the doctrine of assassination, or
| private vengeance. We are here to ask you
| TO protect society against all these crimes, by
Just ana fearless administration of the law. We
ire here to ask you that when citizen of
Maine is charged with crime, he shall be per-
mitted to go into the peoples court and be
heard, as this prisoner is to be heard, and be
punished only when found guilty by the Judge
| Inent of his peers. We are here asking that
when an atrocious crime has been committed,
the perpetrator shall not escape upon any false
plea of frenzy or temporary insanity, or any
other plea in violation of law and evidence:
| we are here asking that no man shall be the
| seif-apponted avenger of his own wrongs,
that no man shall assume to act, in a moment
of passion, it may be, as judge and jury, and
condemn and execute fellow citizen, I'M
| heard and untried, when single word of
| explanation might demonstrate his innocence
Why, gentlemen, human laws are enacted
and penalties imposed, for the especial pur-
pose of Strengthening the power of self con-
| troll, and of teaching men to control their pas
! sions in the community; of holding all men
up to their duties and to strict accountable
ty for their conduct. If u paroxysm of rage
| or fit of passion arising from morbid jealousy,
or from any other cause can become legal
| insanity, who of us can be called sane? who
would be responsible for crime? what would
prevent all offenders, from stalking unwhipped
of justice? Where is our public security?
Who would be safe in his life or his property
If one may plead an outrage upon his feeling.
as a husband in justification of great crime.
| another with equal right may plead serious
| INJURY to his person or property.
| If the citizens of Hallowell, on the night OF
this tragedy had assumed in violation of all
law to act judge and jury, and had hung
this prisoner over the bloody scene who o
them would be allowed to come in and plead they
had only melted out to him, that justice which h,
had claimed to have melted out to another. The
moment we allow ourselves to travel one steI
beyond the limits of the law into the field
speculation, we are tending towards the al o
| ition of all law and reign of terror.
| 1t is unnecessary to remind you, that con,
| sequences of the greatest moment will follow
the verdict which you will render in the case
| The prisoners future destiny may be deter
mined by it. The public are anxiously look
ing to you to say to them by your verdict thai
they may go from their home and return ant
lie down at night feeling that the majesty o
| the law is around them and that the protecting
arm of the Government is over them. Coun
sci will not fail to make those appeals to your
sympathies which as men with all the feelings
that make men good and true you will find i
hard to resist.
On the other hand, you will not fail 4
be warned by the prisoners counsel agaias
any feelings of prejudice against their client
If We felt called upon to speak of either WI
should warn you, alike, against both sym
pathy and prejudice; We would not have thi.
prisoner convicted upon prejudice nor &C
quilted upon sympathy.
We know that you will remember your
oaths and determine the issue between tn.
State and the prisoner according to YOU
evidence. We know that you will stand man
fully and fearlessly and pronounce such a yer
dict as you believe to be just upon the Law
and the evidence, regardless of the eonse
quepces to the prisoner or the Government
The responsibility resting upon you is a grav'
and a solemn one; the duty imposed upon you
is amostimportaRto one, but we believe, we know
it to be responsibility from which you will
not shrink,-a duty which you will not leav.
lightly unperformed.
The opening of the case by Mr.. White
house occupied about an hour and a quartsr
and closed precisely at l2-noon. Durrf
the delivery the very large number of listen
ers gave the closest attention and maintained
| almost perfect silence. The prisoner listen ,
| ed calmly and at times: almost unconcernedy p
His wife was in the courtroom, closely veile,
and listened absorbedly.
| AT the close of the opening address, on mo
ton of the Attorney General government |
witnesses to the number of twenty-nine wer
called and sworn, and excused by the Cour
until l-2 o'clock, 2. NJ
| The Court-On consultation with the eoun
| sci both for the prosecution and defence
have concluded to come in at halt past nine
nd in
half past twelve, which will be three hours
the forenoon. Then adjourn from half-pas
twelve to to half past two, giving two hour
recess; coming in at half past two and con
tinuing in session uatil the adjournment TO
the day.
Addressing the witnesses the Court said =
You must all be prompt in attendance durin
the hours of session, for do NOT know at whs
moment you may be needed. If any of yo
should be absent, when your name is called
unless by leave of the court, you will b
liable to fine, for it will be contempt c
Court
The Court, then, at the suggestion of tn
State Attorney, gave notice to witnesses VIII
ha been summoned but not sworn and migt
not be needed, that it would be required
them to be in constant attendance.
Adjourned to l-2 p. NJ.
AFTERNOON.
The Court came in at 2: 10, and the prisons
was again placed at the bar; few monaen
subsequently the jury came in, in charge
officers.
The court room was densely packed, an
scores were unable to gain an entrance
Among the spectators were at least 200 womer
Within the bar was a few square feet of stand
ing room, and that was all. Not a particl
more than was Absolutely necessary for til
convenience of the counsel, sworn witnessed
members of the bar and reporters for the pres
James E. Knight, having been sworn, test
fed live in Hallowell and my business
| barbering. l was employed by Mr.. Latin
| an assistant and was in his shop on the nig
of the 10Th of September last. l left the she
few minutes past eight, but afterwards r
turned. found the shop closed and the ligh
out. should say that this was not far fro
quarter past o. On stepping into the she
| locked the door after me and lighted a Ian
and stopped near one of the mirrors and con
menced dressing my hair, as was going to
party that night. Had been there l shou
think somewhere between three and four mil
| utas rhau I heard n noisa nj tho hack doO