Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-11-01
E0lal ann State Nrms.
The Judges Ch.rse-verdir, of e"ii.y.
THE GILMAN TRIAL,

At quarter past nine O'Clock, Judge Libbey be-
gan his charge to the jury. 1t was very aole and
lucid. We publish i, in full;
Gentlemen Of Tie Jmg:
The prisoner a. the bar stands charged with an
offence of considerable magnitude, as You have
been told by the counsel who have presented Tia Is
case to YOU. And it Is one which should receive
your careful consideration. You should weigh all
the evidence care fully and apply TO it the rules of
law that shall give you, before coming TO a con-
ciu>on.
Considerable has been said during the presenta-
tion OF the case IN regard to the Position of the
prisoner. GU have been told that he belongs to
family OF wealth and high social position; that
heretofore he has sustained good character; has
been member OF "a Christian church. These
matters, gentlemen, have been addressed to you,
] suppose, not ior the purpose Of invoking YOU to
establish in his case rule which YOU would not
establish in the case Of poor, weak party but
for the purpose of invoking your careful Consid-
Grafton. The counsel who have presented this
case to you would shrink from asking jury in
netting out justice to party IN court to establish
in hi favor n rule, on account of his position IN
society, which should not be applied to every
party who Is brought into court to answer to au
offence. The Judge Juror who would 20 far
ucrait from his duty in the administration of jus
tice a. to favor a party accused of crime be-
cause of his wealth, or of his social position,
when such rule would not be extended to the
weak and the poor would be unfit for his position
sdellng this case your duty is to ascertain the
truth aud TO declare il regardless of Conse-
queues. If the wealthy or party occupying a
high social position commits Il crime, violates the
law OF the land, there i, no reason why he should
not suffer The penalty. If he is innocent there is
very strong reason why he should not be declared
to be guilty. Your duty l. to weigh the evidence
carefully and declare the Truth. rhe law appl-
cable to 1t takes OF the consequences.
The crime with which the prisoner stands
charged Is. as expressed in the first count III the
indictment, assault with DANCE Ious weapon
with malice aiorethought, with intent TO kill and
murder In the second count he i charged with
an assault with dangerous weapon,
with intent TO kill aud Stay. In the
third count be is charged with aggta-
waited assault with loaded gun, inhctug upon
John Flood serious wound. Ii will be compe-
tent for you to find the prisoner guilty on either
count IN the indictment 1t will be competent for
you to find him guilty generally. And II GU find
that he is guilty the first count in the iudict-
ment, your verdict may be general verdict, be
cause that embraces the crime charged in each of
the other counts. And there would be no occa
sion Tor paIate findings upon the counts in the
Indictment, if you fiud him guilty under the first
count. Ii you do not fud him guilty. under the
first count, then you will irqune whether he Is
guilty under the second count, under the rules
which shall give You. If not guilty under that
then whether he is guilty under the third count in
the Indictment.
The offence with which the prisoner is charged
is defined IN our statutes il these terms:
"N hoover assaults another with intent TO muir
hnrnIary tanned vim dangeron. wranon. shall
be punished by impr.onmept not less than one,
nor more nan twenty ,sars. ,Ybep mot "a AIMED
NV ,n''',rsonn,enr moi p,o,c than ten years mr. by
fire not exceeding one thousand dollars
\ov vnu will see gentlemen that under the
Gr,t connt in the Indictment the pri.oner j.
charged with The crime of an assault with dan
per,.u. weapon with malice afo,ethoueht intend
inc tn Kin AMI murder. There are several ele-
mente enteriny into the offence and winch il l..
neces.arv fnr Tho stare IN nrove all, mat,velv he
yond reasonable doubt before YOU can fin the
nri.oner euiltv. Yonr attention has been called
Ia Tho f,ct hat in criminal cases different rnle
annlies in WEIGHING the evidence. that in criminal
cases il i incumbent upon the State before II can
ask a conviction to proye the puilt of the accused
beyond a reasonable doubt That is the rule an
pucable 10 evidence the burden of proof and the
WEIGHT Of evidence VIII ic,, II !. NECESSARY to adj
duce apainst A marty accused of a crime before he
can he DECLARED ouilty. But that rnIe docs NOT
rcouire thst Tie evidence .hould he such a. to re-
NOV, from vonr mind. every nossihla donht that
cao he couiectnred II shonld he sucb a. IN re-
move all reasonable donbt, thar a reasonable
mind m ,y entertain giving TO the whole evidence
ito inst and nroner WEIGHT MANY atiemnts have
been made 10 define The meaning Of his tern,
reasonable 10sbt But have seen no defnit
that seemed to embrace all the elements in ill.,
case A. GOOD a definition a. ON ,,ive ,n,, 49,.
a.
fnlI satisfactiop. as ia fuIly satisfy Won If the ~
of The accused. so that when Won declare I'M.
guitv. \ou may be satisfied that Won are ,lorl,,iu
the INN. mai Won ARE ioin,, MIN mo irir.i;r,
the case.
Every person when CHARGED with crime !. H..
suned to he innocent This nresnmntion t,I
lows him in every stage of the case. a. tn ,v,.rv
element essential to constitute the crime cLa,o.d
sgaio.t h in, and il must be ove,ron,e nv tho ev;
denre on the mart of The STATE sntticieni IN 80
~ H. mind nnder the mic | have yivep.
~. what are the elements necessary IN h.
rroy..,, IN constitute rho r,,me cbarned IN , a.,
rronnt in The Indictment; Thee Innst he -,
eaoi, ,rornd Tbst is tba fanrdar;n, of ~ -
fa1co II tbe,e IL NO essanIt tha' no i,an, c..
.ti,ntes No cr,me a necesssrv element = IT,
,haro .hanld he a, assanlt no,bar oss.,,,.t
no,nan, ,h a m ahod has h
o'n.d,,a,cd ~ Tho law form. - 81 rosi,na aF
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o,b' 40 ~, .In1a,, J.; 80, 10 ano,ai h D.,
49,, 80 arD,j VII a ian,,ar,,,s ,,e1'a,,
n ,ran,iar,ar af,e. I - ,o, ~ r,l s
Nv ,d 10 H., Sa,aoi - -
low d H. osdnnco md datrio s b
80 ~. III a. f, ,Lo a1na ,tat ~ ! V'
ai1 - 30, ~; ,,,,. =; a. ;uV pa
~, s,It No. n,odo 40 no, ,,dlt,
- 'le -, ,,,d srbo ,,';1oTo hi.e'ts. i !
,I''d -, ,' ,,,,, ,io Ia 10, b. Al i,l
Itol ~, =, a. to,aI,, a., ~ -, riaaa 49, /
J.chsr,,, he ann w,,i the intent of bi.,ic,, nm,