Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1872-04-10

ciliate disaffected republicans by driving off
great number of sterling democrats, will not
be repeated on granGer stage in the Presi-
dental campaign. The democrats of Con-
necticut, at the solicitation of outsiders and
under the leadership of Mr.. Waller, tried
that experiment, and we trust that its limited
success will net make Democrats anywhere
ambitious 10 repeat the experiment
Reported for the kennebec Journal.
TRIAL or BARNARD LITTLE.
Judge Barrow's Charge to the Jury.
Gentlemen Of the Jury
At every step of these proceedings, even to |
the very close. you have been reminded of the |
importance of the business in which we are
engaged; by the careful examination of you
severally upon oath before you were empan
elled, to try this case to see that no prejudice
or preconceived ideas in relation to it, would
prevent you from examining the testimony
candidly; by the appeals which have been
made to you by the counsel upon both sides
| by the careful and patient examination of the
witnesses; by the length of the remarks upon
their testimony, which have been submitted to
you; by your own view of the man who
stands before Won for trial; ard by your rec
objections of the victim who lies in his bloody
grave. you are reminded that the business in
which we are engaged is of the highest i'm
portance.
Now what is the design and object of these
reminders? 1t is not to confuse your minds,
to overwhelm you with sense OF response
bility so that you will be ready to seek any
easy outlet to dispose of the case but it is
to induce you in a straightforward and
common-sense way to bring the best powers
of your minds to its consideration. And,
after all these admonitions, l do not apprehend
that you are in any danger of forgetting the
duty you owe to the community in which you
live, or to the prisoner who stands before you
charged with this terrible crime. And the
duty after all is simple one. 1t is to find
the truth upon the law and the evidence in
the case, and to return a verdict stating the
truth, and it requires at your hands careful
attention. Calmness in the consideration of
the case is essentials passion and excitement
are TO be laid aside; prejudice to be restrained
and your duty is to be performed in the fear
of God, and the love of goodness and truth
and justice, to The best of your ability, as you
have derived your conclusions from the test-
mony which has been laid before you. And
you are to distinguish between the impress
ions which have been made 10y the assertions
of counsel and the evidence. You are
to weigh in the decision which you shall
make unless those assertions are sup
ported by the evidence in the case. Your
verdictis also to be founded upon the evidence
which Is admitted, and not upon your appre-
hension Of what that might be which has
been excluded, and refer to that, because al
lusion has been made by counsel to testimony
which it was alleged would have been given
by witnesses whose testimony was excluded,
i 81
II there Was error in that exclusion, the rem
ely is open. Yoa are not to give weight to
such suggestions. YOn are also 20 discrimin-
ate between The purposes for which the tesii-
nony has teen offered, and for whj.i il j..
admissible, zn3 thCse FIR Nhjch Il u rct
admissible; su.I / refer 10 the matter
PsETcuisFsg n eoEaeerAem $50 piece
" isstifa8nF sb1ek wss rrass IT'D tn
iise gD%etSase1s- Detr 49, t3@es ~ the
csss--sEs Gts@z- II Nes sas,Esti1as9 IS fhe
early ssxre - Size s,s.s a. aa,lag a,sssn
rfisses ~ sss asassssss es9ssn g5stsBe 40 Char
Ley Wbsts. Dzs sHeos "a, DOT offered, and
fss ~. Sssx Dsssr s1tlsrnE fi,s,i IN, evare of
which 40 essg fsss.t ans c4aendeig Earnata
LATHE wtsA arg EagNt asge VI II gi,gt niatle Il
adDisaiDie i0r ins purpose 81 showing enat he
lad a Hlotve .0g Committing aius crime. hiie
letter vas not Offered aben, and would nol
have been admitted Il i haS peea i9r tilssI our
pose, aud 10 is not HOs - ~ Nepe ~ you iof
the parpose Of showing ;bas ilt1q ,a& q no,
tive for committing the murder. Ii Nas VI.
fered finally, and admitted simply Hppp Ste
question Of Whether the idea tia, sas fegfe-
scented 10 be an insane GcigAiDn % biz pest,
that White or other tDfn there eVipjgg
from Quincy were interfering be;weeD flm
anu ms family was or Was not an insane GtgA-
sioni and to show that it Lad some basis
I'D iaeti that there was actually some commit
hicallon between his fellow workncn there,
and Ais iauily. 1t is simply for that nurpoge
7 thas you are 10 use that letter. So much by
way or general preliminary remark
1 Inc question now to determine, Is whether
5 barnard Little is guilty or not OF the crime
! WIN which he is charged in this indictment.
oh the part OF the defence sugge ston has
l. pev , ihaae IN the closing argument, that this
: hAhihg may have been the result of accident:
y that me government are bonnd 10 prove thar
: II WAS Done with malice aforethouqht; that il
n wouia Ne hadaStapgh.et. if there were provoca-
C ton. so that it seems to be somewhat neces-
i sary Tor me to take more time In the definition
& OF the Inherent degrees of crime against life
: than might be otherwise necessary in the dis
cussion Of the case.
What is the charge made in the Indictment
1t is that Barnard Little on the I'd of March
last, uniawfully, feloniously, and Of his malice
aforethought, did kill and murder Charles
White. What is murder? The statute de.
fines the general crime of murder as the ''un-
lawful killing OF a human being with malice
aforetboueht, either expressed or implied.