The Republican journal. [volume] (Belfast, Me.) 1829-current, 1873-10-16

similarity with some persons writing.
AT TINS point the court adjourned till half past
one.
MIR. rILLsBrEY's ARGUMENT FOR THE DEFENCE.
May it please your Honor and Gentlemen of the
Jury: The issue upon which you to pass, in
wolves the life of fellow being child of misfortune
stands here us the prisoner 1T the bar. She is
rounded by such troubles as come only to those
fortunate beings. who are placed in such pcrils.
Dark clouds are about her. The storm beats upon
her in the midst of her peril whether She shall
emerge from them again into the light of liberty or
dccend into deeper and darker gloom, yea, even
down the valley OF the shadow of DEATH depends
render In appealing TO you IN hcr behalf, under
such circumstances, deeply feel the responsibility
resting upon me. God help me to do my duty to
the of life, and know that she is in peril;
know she has suffered that, and is brought to that
condition that death stripped of these teors which
here sought to be thrown around her, might well
be welcomed AS triend yet to her life is sweet,
and trust gentlemen, that in your hands her rights
will be as justly melted out to her though she
was the highest in the land. Gentlemen, the ones
ton upon which You are to pass, is one involving
the greatest responsibility that rests upon In
the province which you are now to act you make
the nearest approach to exercising the prerosatve
exercised by the great Judge Of all. can conceive
OF no injury that can be inflicted upon il human
being equal to being convicted wrongtuy of such
crime. A thousand times worse than assassination
and murder Mr. Foreman, would you not Il thou
sand times rather that assassin should strike
down in the street than to be convicted of an ntum
GUS crime when innocent 1t would cast no reproach
upon your friends it but the brittle thread of
life and all is but when person is convicted
of an infamous crime it send him TO dishonored
grave. It casts stigma upou friends that adheres
to them for generations to come. A thousand times
would prefer to be murdered, friend of mine
should be struck down by an assassin, than be
Yicted when innocent
We come then gentlemen to realizing of
the responsibility; andfn determining the question
before you ask you to cast aside all prejudices, if
h.lx OF slow lido NV
then proceed to examine the evidence in this
and come to such conclusion will accord with the
truth In trials of this character where
has to violent death, more questions are
usually involved than in this 1t is some times
question as to the motive of the homicide, whether
by suicide If by the hand of another different de
grees nyolv ed-whether the crime is murder i'll
the first second degree or manslaughtcr. II is
often a question indeed whether crime has been
committed at all. In this there is doubt
about the homicide. And no doubt about the degree
of the crime. If it was committed by this respond
en, ii murder in the first dcgreeand as charged
in the indictment with malice atorethought. There
can be doubt that when the weapon was dis
charged the intention was 10 XII, ana therefore
in the first degree. To her your verdict must be
liberty death. He then proceeded to call attention
to the principles of law applicable the The
prisoner must be held innocent until proved guilty.
The government must show her guilt Until then
she is to you innocent as any person unchanged
with crime. Her guilt must be established with
moral certainty.
He spoke of the policy of the state, generous
imam formerly III VI lloSc accused Oh
crime. Yet its power was great in cleaning every
circumstance. The prisoner poor and in hum
Bile situation. And the state should be held up TO
strictest letter OF the law Twelve minds must con
in proving her guilty, each must be satisfied for
himself in the sacred convictions of his heart
and from circumstances, each OF which should be
shown to exist beyond reasonable doubt. Circum
stana evidence was OF an inferior class, secondary
in its nature, and every inference drawn must be Il
necessary one To convict on this evidence it must
be of such character that it could not possibly be
explained on any other hypothesis, than that of the
guilt of the party charged, After they We're all s
ed the chain must be perfect whole no link missing
or doubtful
That Dr. Baker was killed and by a ball fired from
pistol by the hand of person and that person
not himself were all necessary differences; but that
that pistol held by the hand of the prisoner
not necessary inference, and at that point the de
any other person might have been just rs well
charged with the crime. Now the State brings
up circumstances from which it would have, YOU
infer that the hand of the prisoner held and dis
charged the pistol. TO make out a case it must be
shown first that there was motive. Murder without
motive would be an effect without 4 cause. They
assume the guilt and infer the motive. They claim
there quarrel, and that the respondent there
fore had motive But the letters OF which they
have said much do not show quarrel on he night
of May 18th. If there was one two months and Il
half previous, that not sufficient now but they
would have you infer that that night after receiving
him to her loving embraces, she had quarrel and
killed him. But even the threats OF these letters
We're only the ncohcrent utterances OF Il mind halt
distracted because She had been deserted. She
jealous. and Of all the passions that demoraze the
worst is this passions of jealousy She be
ieved herself deserted by the man to whom She had
sacrificed everything woman can sacrifice.
Did she mean what She said in these letters: Did
she to kill him after writing threat after threat
that she knew would be used against her. No:
when he came back TO her he was again received 10
her embraces. No more letters now. No more
threats. Her object is accomplished he has
turned to her She loved this man as the dearest
object OF life, even after the great wrong she had
suffered at his hand. Then too, DIR. Baker had told
her that he had shown these letters to two men.
WOuId no dare n kill him KNOWING that Did She
get pistol and ammunition, and learn their use so
stealthly that no one knew it? No; when these
circumstances are considered the threats must be
dropped out of the case
The circumstance Of the blood found on the night
dress by the tests OF science was referred to- Also
Miss Fogler's testimony bearing upon that point.
Miss Fogler must have been in error. for She dis
covered it after Mr. Spear went TO the Mank house
upon the girl and buttoned at the wrists before he
went at all, Prot. Wood had given very learned
and minute account lie presumed tn" jury under li
he did notice, the Prof had testified positively that
a part Of it was menstrual blood, and would not say
the rest not. The prisoner herself said il
all menstrual But for the cinders of the shirt which
Dr. Walker testified had not been disturbed the gov
eminent would have asked them to believe she first
shot the doctor dead fired again into the dead body
and then put his clothes upon him.
The government had the chance to reply. and
therefore had an advantage, which he could not
think always Just when life at stake. But such
the law. The guilty always seek to cover their
crime or divert suspicion to Others. Referred to the
marked absence of substantial attempt OF this
Referred to the sleeve and believed the ri
soner had given the true statement of that transac
ton. But the jurors would be asked to infer that
she was trying to cover it because she did not
dress that night before the four young men placed
over her.
He referred to the excitement when at Spears
and her thinking she was shot. There nothing
unnatural about that. Men in battle often think
circumstances i'll which she when awakened by
the her adulterous relations with DIR. Baker,
and knowing that her criminal intimacy would be
discovered, excited her almost to frenzy She was
kept i'll the house carefully guarded threat, OF
hanging and stonng uttered in her presence, and
then they complain of her rctcence Watched a.
vigilantly wild beast and then complain that
she didn't talk They assumed her guilty from the
first and distorted everything She did against her
Any thing would have been evidence of guilt
them. Tritling circumstances We're magniied and
filled with meaning. They have another circum
stance from which they would have you infer guilt
DIR. Baker was dressing in haste, and the govern,
ment will have you believe they had quarrel, and
in his fear of her he was dressing quickly pos
sibe. But you will at once see the absurdity of
such position He a strong man, she weak
girl. No such inference is necessary You may not
See with that these circumstances utterly fail
and yet do not see how Il critical mind can help it,
Another rule applies here There must be no in
congruty in the chain 1t must harmonize in all its
parts. Again, the whole chain after it has passed
these tests must be incapable of explanation or any
other hypothesis than that of the guilt of the pr
s some If amy any Of you gentlemen, should come in
pet, You would infer that some one cut them. If
you should find piece that just fitted of Them
all the points came together just alike you would
infer that the piece cut from that place. but
you examine it more closely, You find few threads
that do not match, and you conclude at once it
not the piece taken from there.
The above is all of Mr.. Pillsbury'S plea that
has come to hand at the time of making up our
paper
BY Telegraph to the Journal.
Verdict Not Guilty .
ROCKLAND. Oct. Ii.
The trial of Lucy Ann Mank for the alleged