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

WarQ 10f the 1Il-ueseTtS Oh inc OUcuueI. L HS
government does not punish out Of just retri-
button and veangence towards the criminal,
but to prevent the evil consequences arising
from the example of his crime, and thus keep
its compact to protect society
In every civilized community a. rigid and
impartial enforcement of all the laws is the
strongest and indeed the only safeguard
which the public can have for their protec-
ton and security, and their only
hope of maintaining the social fabric
upon principles of reason and justice. Inc
love of justice, it is true, is deeply implanted
in the popular heart, but it is sentiment
so swiftly inlamed into an unreasoning
passion, that without the Intervention of the
forms of law, it incites the multitude to
deeds of violence, and to shedding of inno-
cent mems blood and multiplies thou
sand fold, it may be, the very wrongs
it seeks to redress. This is the les
son taught by the experience OF ages. In
the name of justice, as well as in the name
of liberty, some of the bloodiest crimes OF
history have been perpetrated.
When a community is startled by the an
nouncement of a great crime, and the indignant
populace are camorous to lynch the often
der, and the person especially injured, it may
be, stands with uplifted arm. longing to strike
the blow of vengeance, the law steps IN
and throws around the greatest criminal its
shield of protection against popular violence.
Under our constitution no man can even be
held to answer to capital or infamous crime
until twelve of the Grand Jury of his county
have concurred in presenting an indictment
against him; and no man can be deprived OF
his life or his liberty except by the Judgment
of his peers, or the law of the land. Thus
the law leaves to every citizen a pillar of
security in the right to go unpublished, not
only until he has committed CRIME, but I'M
til he has been formally convicted Of it by
competent evidence, after making all the de-
Tense in his power. 1t lays careful hand upon
all the vioators of its authority, but the more
aggravated the crime, the more carefully the
government proceeds, because the more serl-
Gus to the offender are the consequences OF
conviction.
This prisoner has been charged with an Of
Tense involving the highest possible injury
which one person can do to the rights OF
another or OF society. Yet like all others the
law clothes him with the presumption of inno-
cence; it clothes all alike with the presump-
ton of innocence though they come to their
trial with their garments dripping with the
blood of innocent men; they are, in law,
presumed to be innocent; and the law makes
it incumbent upon the government to prove
their guilt, by competent evidence, beyond
any reasonable doubt; not beyond any posi-
bic doubt, for everything in human affairs de-
pending upon moral evidence, may be involv-
ed in some doubt, some possible doubt; but
beyond any reasonable doubt; that is, the ey-
idence must leave the minds of the jurors in
that state that they can say that they have
feeling of satisfaction an abiding conviction,
amounting to a moral certainty, of the truth
of the charge.
The unusual solemnity and formality which
you have already observed in these prelimin-
airy proceedings, only indicate the anxious
regard which the law has for the rights of hu.
man life. However reckless a citizen may have
shown himself to be of the lives of others,
the law still throws around him a wall of pro-
lection, and makes it incumbent upon the
government to break it down, by its proof,
before it can touch him by way of punish
mcnt. The government affords this prisoner
every opportunity to present to you all that
can be adduced in his favor. Such is the bene-
fcence of our laws that the government may
almost be said to fight his battle for him; for
it not only provides the counsel and the wit
nesses who appear here against him, but the
witnesses who will appear here for him, and
by recent law, his distinguished counsel
themselves, are all paid by the State. He
thus enters upon his defense with all the adj
vantages of the prosecution and with the pre-
sumption of innocence in his favor.
The provisions of our statutes relating to
felonious homicide or the unlawful killing of
human being are as follows: Chap. lis.
SEC /. Murder Is the unlawful killing of a human
being WITH malice aforethought, either eN-
pr, ssed or implied
SEC. 2. When murder Is committed with express
malice aforethought or in perpetratng or atten pit
ing to perpetrate, crime punishable by death,
Imprisonment Tor life, or for an unlimited term of
years it shall be deem' murder in the first degree
and punished with dea h.
z When murder il committed otherwise
than is Sc for, in the proceeding section it shall be
deemed murder of the second deglee, and punished
by Imprisonment for life
SEC. The jury finding person guilty of murder,
sha find whethr he is guilty of murder in the
e lily OF murder by confession in open Court the
Court, from testimony, shall determine the egree
of murder, and sentence accordingly.
SEC. s. Whoever unlawfully kills human be-
ing in the heat of passion, on Sudden proy"c2ton,
without express or implied malice aforethought, or
commit mansiaughter as defined by the common
tn ten " ars or by fine not exceeding one
thousand dollars.
Under an indictment for murder the ac-
cused may be convicted either of murder in
the first degree, murder in the second degree,
or of manslaughter. No change is required
in the form of an indictment for murder in the
first degree, murder in the second degree, or
mansaughter. These definitions which l
have read to you seem to be very simple, and
yet distinguished Judges upon the bench and
writer's upon Criminal Law, have exercised
their best learning and skill to make them
more simple and more easily understood.
1t may be useful to you, as you are listen
ing to the evidence, and before you receive
your instructions from the Court whose speci-
al province it is to instruct you in all matters
of law, to have in your minds the leading
principles of law relating to these definitions
And | will proceed briefly to state them.
In the first place, the term malice as used
in these definitions, has different and much
wider Specification than it has in popular use.
In common acceptation, as you know, it sig
nifies desire of revenge, settled hatred, ill
will, hostility, anmosity towards particular
person. in its legal sense, it means not only
this, but is imputed to any action flowing from
a wicked and corrupt motive, any thing done
wilfully with an evil and wrongful purpose,
under circumstances, in the language OF the
law books, indicating a heart regardless of
social duty, and fatally bent on mischief; that
is it denotes a general recklessness, cruelty,
depravity and malignity of heart and mind !;
for instance, to use an illustration often found
in the books, if a workman upon the top of a