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

| The Court came in at 90 minutes past 8
o'clock.
The Court room for nearly an hour previ-
Gus, had been crowded to its fullest capacity
by spectators and persons who had been
suppned as witnesses. Ladies to the number
of about score and half, most of them be-
longing in Hallowell and some of them being
witnesses, helped swell the size of the throng.
Upon coming in the Court remarked that it
had observed waiting at the door carriage,
provided by the sheriff, sufficient in size to
convey the jury, officers and counsel, to the
premises in Halowell, where the alleged
crime was committed.
The counsel, in being permitted by the court
to attend the jury during the examination of
the premises, were cautioned against making
any comments on objects brought to the notice
of the jury; the only conversation allowed
them beins-"Will you please notice this 2
'Will you please observe that ?'-and words
to that etfect,-at the moment OF viewing the
premises. THE Court observed that the stay
at the premises need not exceed five minutes,
and that it could and would rely on the honor
of the counsel while they thus accompanied
the jury.
At about half-past o'clock, the jury mot
having as yet entered the court-room) took
conveyance, with the sheriff, counsel and
officers, to the scene of the alleged murder,
two miles distant, and were absent about one
hour, when they returned, entering the court
room at about 40 minutes past 10 o'clock.
During the time occupied by the visit to the
premises, business in the courtroom was sus-
pended. The crowd, however, kept increas-
ing in size, and whiled away the interim by
reading the morning paper, and conversing,
generally in low tones, on all sorts of topcs,-
! from the weather to capital punishment.
The Court announced to persons who had
been summoned for jurors but who had been
counted out that their attendance was no
longer necessary, and that they were dis
charged, and could obtain their fees for
travel, etc, by calling at the office of the
County Treasurer. as soon as the clerk was
oble to complete the computation and neces-
sary papers.
The jury on returning at about 10 40, en-
tered the court room and took their seats.
The prisoner was brought in, and given a
seat near Mr.. Libbey.
Mr. Libbey said .-Mny it please your hon
or: We have learned that an important wit
ness for the defence has not been subpmned
did not know it till tins morning. The officer
had the subpoena Friday night; we are told
that the witness is on the river, below Gardi-
per, collecting logs. lie is material witness
and we should not be able to close the defence
without him. l would like to have some di-
rection given in regard to the matter.
The Court-Any officer is at your disposal
II you satisfy me that there is any Delinquent
cy on the part of the officer TO whom the sub
pGna was committed will take notice of the
fact.
Mr.. Libbey-I don't know how that is
thought it proper to call the attention of the
court to the fact.
fIst. L.,
choose, and if you think they are not suf1icien
you can have any other person to subpoena
the witness.
The Court remarked that a large number o
persons were present, and though the GROVE
seemed very orderly, it directed that tn
Sheriff, Mr.. Hewins, should secure as man,
assistants as are necessary to secure the OBJ
servance of the strictest order.
MIR. Whitehouse, County Attorney aros
and said -
/ Nay ii please your Honor, and Gentlems,
Of the Jury 1t is laid up Aong the Gle
ments of civil government, and the yer,
conditions upon which society is organ
ICED. that every citizen shall be protected b,
the authority of the law, and made secure il
his life, his liberty, and his property; tina
he in return shall yield 10 that government
willing allegiance and support; live il
obedience to its laws, and contribute some
thing to the welfare and good order of socie
ty. But as human nature is frail, tenlpta
tons TO wrong and wrong doors are found il
every community, hence are provided thes'
penalties and methods of imposing them, b.
virtue Of which all offences against society
and public justice are promptly recognized
by the government, and punished by prose
cution in its own name. These Punishment
are wisely made TO differ in kind and in de
gree, according to the nature of the offence