Daily Kennebec journal., 1877-12-17
The Mink Murder Case.
The EXCEPTIONS OvERRULED By THE
SUPREME Court.

In the case Of Lucy Ann Mink, who was charged
with the murder OF Charles Kicker a. Lowell by
shooting. 1t was proved at the trial that he came
to his death by a shot from pistol in the hands
Of the prisoner. The jury was fully and correctly
instructed by Judges Ames and Morton as to the
elements necessary to constitute the crime of
MURDER the difference of the degrees OF that crime,
the burden Of proof and the necessity OF proving
the charge beyond reasonable doubt. Certain
evidence was introduced on the part OF he defend
ant tending to prove that she had heen engaged 10
he married to the deceased; that an interview was
had between them at her room. in the course of
which Kicker expressed his intention to break OIL
the engagement aud abandon her entirely; that
she theIeupOn went TO her trunk, took the pistol
iron it, and attempted 20 use 1t upon herself, with
the inte entiOn OF taking her own life that Kicker
TIA, seized her to prevent her from accomplishing
her purpose, and u stru- gle en,ued IN the course
of which the pistol was discharged aud fatal
wound inflicted upon Kicker. Tue jury was in
strncted follows; 81 understand her TO say that
she pui tie pistol to bor head at any rate that
she took it out Of the trunk with the intention OF
committing suicide. Now, supposIDg that you
he ieye her story, aud that she did pnt the pistol
to her head with the intention oil committing
suicide she was about to do criminal aud un-
lawful az. and that which she had no right TO do
1t l. true undoubtedly, that suicide cannot be
punished by any proceeding of the courts, for
reason that the party who killed himself has
placed himself beyond the reach of
Just &C aud nothing can be done. Bat the
law nevertheless, recognizes suicide as
criminal act, and the attempt at suicide is also
criminal. Ii would be the duty OF any bystAnder
who saw such an attempt about to be made as a
matter Of mere humanity, to interfere and try to
prevent 1t. And the rule Is that if a homicide is
produced by the doing OF an unlawful act, although
the killing was he last thing that the party about
IN Il had n his mind it would he unlawful
killing, and the party would ncdr the responsible
ity which attaches to the crime OF miDslaughter.
Then you are to inquire anon. other things, and
if you reach that part OF the case, did this woman
attempt to commit suicide in his presence, and If
she did shall have to instruct you that he would
have a right to interfere and try to prevent it by
force lie would have pei, fect right, and think
| might go father and say that it would be his
duty, to take the pistol away from her II he posi-
bly, could, and to use force for that purpose. If
the in the course of the struggle on his part to
get possession of the pistol the pistol went off &C.
cdentaly and he lost his life IN that way 1t would
be case of mans laughter, and 1t would not be
one OF those accidents which would excuse the
defendant from being held criminslly accountable.
The jury found the defendant guilty of man
slaughter, and to the foregoing rulings and in
sttuctlons the defendant excepted, Mr.. William Is.
Gale, counsel for the defendant, claiming that the
attempt at suicide was not in this Commonwealth
''criminal and unlawiul IN any legal sense; that
II was only sinful ana immoral act; that Tue &C
I ion of the defendant had no tendency to lrJure
any one but herself; that the deceased had no le-
gal but only a moral right to interfere in such a
case, and that therefore, the ccdental killing OF
the deceased while attempting to restrain her did
not constitute the crime OF manslaughter. The
exceptions have now been overruled he iescript
follows The law regards suicide rs mdLum IN Sc,
and any one who, IN attempting to commit 1t, kills
another, though not intending his death is guilty
of criminal homicide. Boston Trarelier.