The Republican journal., 1873-11-13

Nathan French Montyille
IA III. Cove, Liberty.
iiiigh lIackttt Winterport
Hollis VI. Howard. Montyillc.
James Haley, Winterport
Joseph +. johnson Waldo
g.. q. sherman. Liberty.
iraNhln NCbGcr. >earspor..
r. y. Parks, Frankfort,
John i rvrkin-, Palermo.
Tn" usual precautions Were taken, by the
ourt ordering thai the Jury be not allowed TO
separate during tin. trial, and that no access ho
had to .o.n The sheriff and deputies We're
sWolm "a enforce this order. and quarters We're
signed the jury AT the American House.
TUESDAY AFTERNOON.
The number in attendance to-day WAS much
larger than Yesterday. the galleries being filed
with ladies, and The hall packed in all parts.
The prisoner came i'll al 10 minutes past ,. at
lis mother, a venerable looking lady attired in
mourning, " no kept HEY seat by him during the
afternoon. The prisoner wore the neat and
tidy Dire, Of yesterday, and appeared perfectly
calm. The audience remained N expectancy
lutil The jury came in marshalIcd by the sheriff
III" frst business WITS the
OPENING FOR TIKI STATE,
which w.s done very handsomely and effect
ifel1 b1 Colonel fogirr He Commenced by
reminding The jurors of the solemn and I'M
peratiNe duty imposed upon them In this
county the crime of murder is happily one sell
dom committed, it having been almost twenty
years since capital trial has occurred. We
have since been quiet, peace-loring COM
munily. Bat the demon Of murder has sud
denly appeared, and a happy father, devoted
wife ana mother, and the beautiful young babe
were brutaly murdered. The word murder is
always OF fearful meaning, but it don't express
the horror Of thai deed The awful secret of
that night only one person knows. You are
not here 10 decide who that criminal is, but
whether john Il. Gordon j. he. That question
it is your duty 10 decidc-whether it was he
who III tho darkness OF night rrept with axe
and torch TO that room and did that awful deed.
IN determining thi, there arc certain fixed prin~
ciples of law to he Your guide. They are few
and simple. Although three persons We're
murdered, this is TO be a trial for the death Of
one only, a. the law permits person to be
tried Tor only one crime at a time. You are to
decide whether the prisoner is guilty of the
murder Of Emma A. Gordon, whom he is
charged in the Indictment with having killed.
Murder is defined to be the unlawful killing,
with malice aforethought, either express or
implied, any human being. Malice i'll law is
different from the word i'll its ordinary mean-
ingS: il means i'll reference TO crime all wicked
and wrongful acts, and where Il crime is COM
mitted the law prcsumeS malice. If in sudden
proyocatiOn and without forcthought person
i. killed, it is manslaughtcr. When this is done
with express malice atorcthought it is murder
in thu first degree, and punishable with death.
When otherwise, il is murder in the second
degree, and punishable hy Imprisonment for
life. Express malice docs not mean expressed
wait is express malice No better example OF
murder in the first degree can be furnished than
the hOlrid ones at Ihorndikc.
In murder trials certain legal rules are in
force The innocence of the prisoner is to be
presumed from the beginning, until he is provide
guilty. II is & broad shield that covers all
criminals BY This you are bound The bur-
den OF proof is upon the government The
amount Of testimony to authorize a conviction
is the same in all grades of crime. In all cases
the offence must be proven beyond reasonable
doubt, " hat l. a reasonable doubt? 1t is not
= possible doubt-not the possibility Of guilt.
For if evidence beyond the possibility of doubt
were required, scarcely any one would be con-
yeted. 1t is required to be only beyond a rea-
s0nablC doubl-a doubt that has reason for it.
In the case OF the state against knight, the
Supreme Court Of Maine thus defines this i:
Reasonable doubts are such substantial doubts
as intelligent men. with enlightened cOnsciences
acting upon principles Of sound common sense,
upon matters of highest moment. would re-
gard" Nolumc> could NOT give better dctini-
ton than this
Evidence is Of TWO kinds, circumstantial and
direct. If one sees a blow struck it is direct
evidence. But in murder eases such evidence is
very seldom had. Murderers do not intend to
have Witnesses, Almost all guilt is proven by
another kind OF testimony, that Of circumstan-
ces. tircun-tdnti;:l evidence Is not of the
crime itself but of circumstances that surround
The accused. Ihcs" arc 10 be proven, and the
jury to draw differences. This kind i, generally
relied Upon IN the matters of daily life. We
actually SCI and know but litte-yct we are
morally rtain Of much more. II II person of
crQdiblItV inform, YOU that . man prOwled
ab0t our house al night, you would be-
lie il, and it would be direct evidence.
Bul if il N morning you find that it has showed
during Tho night, and you see the tracks
If a man IN your yard. you have circum-
stanti'l evidence more convincing than the
direct. No one saw him, but you know he has
been there You are TO weigh carefully, but
when circumstances are proved you are to
draw differences as in daily life. More persons
are wrongfully convicted from direct than from
cirCunlStanta evidence In this ease we have
not direct evidence. No one can swear TO having
seen the blows struck. If there was such a
witness we should have no trial.
The Attorney came next to the facts in the
case, going over all the family history. incidents
Of the murder, motives. &c., which have been
published il these columns, and are therefore
omitted
In conclusion Col. Fogler said that the jury
owed a duty and weighty one to the comrnu
nifty. The law gives to the accused safeguards,
but il Is not the intention that the guilty escape.
The community Is to be protected. When salts
fed beyond a reasonable doubt that he is guilty
1t is your duty TO bring in q verdict Of guilty.
The protecting arm of the law must be about
all good citizens. The government desires per-
fect fairness in the trial--nothinS more. 1t asks
that you make careful examination, and give
verdict that Your hearts, Judgment and con-
sciences Will approve till the last moment of
your lives.
WITNESSES EXCLUDED.
On motion of Mr.. Mcclellan the witnesses for
the government were excluded from the room,
so that they might not hear each others testi-
monv. The Attorney General gave notice that
he should rogue i the same of witnesses for the
defence.
WITNESSES FOE THE STATE.
Eden T. Ward, sworn. 1 lived in Thorndike in
June last worked for Almon Gordon; began May
10Th on 18th of June at my fathers; went home
Saturday night: got back Sunday evening; Amon,
his wife and children were at home; Anna Gordon
in the elder Gordon's part 1t was ON south
side of the house. they had sleeping room adjoining
front, Oh ground floor; his family was Mr. Gordon
and wife, Anna and John r.; Anna was his grand
daughter; Almon had cook room and dining room,
and sleeping room; family all slept in one room;
front room his fathers the little girl slept in
room back Of it; Eddy slept there, Almon's son;
had room north of it; Wesley Gilpatrick and Peter
Bond We're there when | got there; they stopped
till after sunset met John on the road near Har-
mons store; first him at home after sunset; no
one with him; he asked Emma for some milk she
told him there some down stairs; he went and
got some, and ate supper In his room; she sent In
In bread by Anna, he in that room all the
evening; lie asked Ira, the little boy, to sleep