Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-04-08
Aoral anD State Nems.
Supreme Judicial COurt-The Wats0n.P Page
Homicide Case.
CUTTING, J. PRESIDING.
SECOND AND LAST DAY.

morning Mr. PilsbuTy, one of the council foi
the defendant, began his closing argument
which occupied about one hour and quarter
He commended that the verdict should be JUST
fable homicide.
Mr.. Whitehouse, County Attorney, began
the argument for the government at 10 80 A D..
NJ and closed at III is.
The court then gave the following charge
to the Jury:
Gentlemen of the Jury AS you are aware
the respondent has been charged in the indict-
ment that was read to you, with the crime of
manslaughter In relation to the definitions
which have been read to you, and the law in
this case, the learned council do not differ and
the law has been so long settled, that no re-
spectacle counsel can differ as to what the law
OF the land now is, and has been for long
time. Their only difference is in relation to
the effect which the evidence is to have when
applied to the principles of law.
The taking of human life is divided into
various classes. There is murder ia the first
degree and murder in the second degree
Murder in the first degree Gas you have heard
read from the statutes) is where malice is ex
pressed or implicd-atorethough The sec
ond degree is less offence and the penalty
is less. The one is death and the other, i'm
prisonment during life. The next grade is
manslaughter. You have heard the definition
read to you in relation to that, and that is
distinct from pure homicide, because man
slaughter, usually occurs in the heat of passion
where owing to infrmities of human nature
it is not defined to be murder, but asless of
fence, and the penalty is much less although
for all that, it may be very severe.
Now, there are, in fact. three kinds of hon.
icde. One is justifabe homicide, another
is excusable homicide, and the third is where
a homicide has been committed purely by ac-
cident--where there is no fault on the part of
the person committingit it.
What is homicide which is justifabe? |
can give you one illustration OF that Here
is a man who has been convicted and sentenc-
ed to be hanged for murder. The warrant of
the chief executive Of the State is issued and
committed to the hands of the sheriff of the
county. In pursuance of that warrant he ex-
ecutes the criminal. That is homicide com
mtted by the sheriff, but still it is justifiable
by the laws of the land.
Another homicide is that-which is excusa-
BILE - when an individual is assailed with
dangerous weapon, and without any chance to
retreat and he has reasonable cause to believe
that if he does not defend himself upon the
spot, that he will stand in great danger of
death, or great bodily harm in such a case
he has a right to defend himself, even by TAX
ing the life of the assaiant. But in order to
be justified in taking the life of an individual
under NOSE circumstances, must appear
thal ne uiu All nc s"ie'S eouiu 10 10 asoiu IL.
Inc law REGARDS the me Oh every ihuiSianai
as sacfeu, anu 'ha' appiies as wen 10 th' per
son assaieu aS 10 tile assaiiah'' % 'iat II
must De ooS""9ety necessary, as nave pc
fore stted' that there should De a reasonable
cause Tor lear 'ha', unless he aeiends hihsef'
he may suffer either great bodily harm, or
death.
Now, gentlemen, a good deal of testimony
has been brought to bear upon the greatques-
ton, and there is only one question of fact,
Greatly, all terminates in that, and that is,
when the respondent struck the fatal blow,
whether he had reasonable cause to fear
that his life was in jeopardy, or that he
in danger of suffering great bodily harm. If
he had, that was one of the elements which it
was necessary for him to prove. But that
would not be sufficient, even if he had such
reasonable cause for fear. Then the next
question would be, which is incumbent upon
the defendant to prove, that he had no oppor
tunty safely to escape from the assaiiant.-
Now, gentlemen, ] have permitted testimony
to be introduced tending TO show the charac-
ter of Page, and also that of the respondent
THAT may or may not have some influence in
your minds, in order to come at the true ques-
kion in this case. A man would not be justi-
fled in killing another, even if he was bad
He would not be justified in kill
hing another even if the person who struck the
fatal blow had sustained good character
but still they are important questions, which
may have bearing, more or less remotely, or
directly, upon me main question IN ms case
You hsard detained 10 you from the two
government Witnesses ana the respondent,
the history OF the transac'ioh-as 10 tne lacts
|wmch transpireo on the morning OF the Z3'h
tof December iast,-ahd II Is nor necessary ior
me to again detmi hem' iou VIII come 10
the spot whefe the iMai oiow was gwen by
the respondent ana then look az the clrcunl-
stances ana apply me evidence, the SITUATION
lot the parties, ana their conduct. IL seems
tiele nau oe1 DE- eJ h"1 s' ,nI .me bei'
S S1io, 80 s;a a. ~ W..
u.s. ',i %n' AZ =, , ~ 'i La;
|.ne lpo hod 80 W" H., r';o"a &c n,S
business iiau -" ap v'"1 % 49,
VIZ h'S 20 a ~ r. ~ axhihi,na al ~,
JAZZ JAZZ" o." 80; n ,oa",hnr ,,'a, pano NO., h"S
~ an. ~, s ,a IS H. VIC, IS N
MAJ =, -, " nns;,;nn dsoy;had ,hat p.ao
ESoh nm Tho ron har Which has aIso heon aS.