Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-11-01


through the high hoard leaee through which he
could shoot at the parties who Va. hit enter upon
the disputed land. lie deliberately went and bor-
fowed TWO gus, rifle and adlube-baTeled shot
gun, to use on that occasion. The manner in
which he procured them has been detailed to YOU
lie sent his man TO buy ammunition, directing
him to get buckshot, and the shot which
he purchased and carried to him, on in
speCtIOn, he thought were not large
enough. And he directed him TO 20 back
and get the largest shot, bucAshOt, and to ask the
merchant how far they would do execution, shot
from shotgun. His man purchased the shot.
Some of them have been exhibited to You. He
carried TO him the answer to his message, that
they would do execution from 80 to 40 rods. lie
aud his u.an are both uncertain whether 1t was
80 rods or from 30 to 40 rods. llewins, his man,
tells you thai he Al swered that that was sati.fac-
tory, or something substantially like that. | am
not using the precise language. You will remem-
Der 1t. He watched. The lltic was loaded with
two charges when he borrowed it. lie loaded the
shotgun, lie tells with light charge at first.
which he did not fire at the parties, but to the
aht or left. | do not remember which. for the
purpose of frightening them away lie found
that they had no effect. lie tells YOU be loaded
the gun more heavily The first time he put
IN to buckshOt and the second and the thru he
cannot tell you how many, but ne loaded it more
heavily. lie again fired both barrels He fired
his rihe lie went into his house ald loaded his
gun again and went out and fired tN third time,
telling You that he aimed one barrel at Mr.. Moves,
Flood, intending to hit him, and that be was sat
i,fed after firing that he had hit Mr. Flood
Thereupon he went into his house and loaded his
gun again. The charges found in it when he was
arrested have been exhibited to you and are in ey-
idcnce. Ii is said that they were heavy charges.
on can see. Ii is said that there were thirteen
buck shot in one barrel and twelve in the other.
What was the m0tiye of the prisoner in doing the
acts which he admits he did What was to be
apprehended, as the natural and ordinary conse-
a. q t.>rh he hat
sion, IN the manner in which they were dis
charged This Is question of fact for you. |
have already cold YOU i, is incumbent upon the
state to sat>fy you tuat the intent in fact was to
Kill amt murder. The prisoner tells you that he
had no such intent; that his intent was merely to
wound, and be aimed at the legs. The evidence
tends 10 show that Mr. Flood was hit in one leg
with one of the shots or bullet, aud that another
passed through his clothing on his shoulder The
prisoner admits that he had had some knowledge
OF the use OF ire arms. What should he have APP
pretended as the result of discharging a gun
loaded as that was in the manner which he adj
mis- that he discharged it? Did he OF not know
that those shot were Liable to sea tier and as likely
TO hit the man IN a vital part as in a part which
would not be dangerous to life What was, IN
fact ms motive, his intention As bearing upon
thl- question you have the evidence Of Mr.. Dow
aud MIR. Redington, Mr. Dow, if you believe the
eyldercC in the case i to extent, contradict
ed as to the declarations of the prisoner made to
him At the time he arrested him. You will deter
mine whether it is a substantial contradiction or
otherwise MIR. RedingtOn tells you what declar-
ations the prisoner made to hun soon afterwards,
in regard 10 the matter, and he mas not in any
manner denied the truth Of that evidence. What
hight does that give You upon this question of in
tent Mr.. Redington says:
81 think il was Monday afternoon after the
shooting saturday that | saw Mr.. Gilman at
Waterve at the corner of Silver and Main
streets. / said it was unfortunate affair, hitting
those men; they were innocent men. lie sand
like this that they stealing his land, and he
thought he had Just as much right TO shoot them
a. man would to shoot burglar in hls house, or
words equivalent to that. lie said still further
that Rev. DIR. Cuyler said he would shoot, if a
man was stealing his property, just as long as he
could shoot and they should take 1t over his dead
body. | said the cases were not parallel, between
this case and the burglar. Aud he said they
were he considered. tie said it would be very
bad precedent for him to be punished for doing
such thing as that Any desperate after that
would set his line fence right over on to any I'M
protected woman"
What does that declaration of the prisoner tend
to prove Did he claim that he had right to
shoot the men If they entered upon his mothers
land on that occasioni Was he acting under
assumed right to shoot them if they entered there
to remove the fence How far does his decara-
ton to his right aid you in determining what
his intention was. Consider all the evidence and
determine whether in fact he intended to kill and
murder under the rules have given you Hyou
there was malice slorethought, Fermentation for
any degree of time, if there was generalization for
q moment only still, If it was reconciliation,
determination to kill, is sufficient to constitute
murder in the one degree OF the other. Ii you
not satisfied that there was an intent to murder,
was there an intent to kill so to render the
prisoner liable under the second count IN the IN
dictmeuti | need not call your attention to the
evidence or rules of law applicable to that, any
further than have done. Ii YOU are not satisfied
G. he
murder or to XII and slay, then was there an as
sault with the gun, "a set forth in the third count
in the indictment? Because 1t is competent for
you find the prisoner not guilty on the hrst and
second counts and to find him guilty under the
third, the evidence satisfies you. Was he
guilty OF an assault as charged in the third oult
III the Indictment: That an assault was commit
ted is not controverted. Was il unsuitable under
the rule have given YOU have said to you as
matter of law that he not justified in using
deadly weapon for the purpose OF eXpeling MIR.
Flood from his mothers land if he was tres
passer upon it. Has he shown any justification
for the assault if he not guilty under the first
and second counts 1t is a matter for your deter
minatlon, if you find that he used deadly wea-
pom in making that assault then as matter OF law
| instruct you that he was not justified.
Now, gentlemen, you will take the case and
give it your careful consideration. II is one of
great importance to the prisoner 1t Is one OF
great Importance to the community. Whether
assaults of this character are to be tolerated ana
become common; whether man is to receive
license to shoot down his neighbor; to shoot at
him and wound him 10 every case of a contro-
versy over a dividing line is an important matter
TO the community. IL is important to the prison.
err because it will be attended, il he Is declared
guilty. with serious consequences to him. Still, II
you are satisfied of Is guilt 1t is your duty to de-
clare it, let the consequences be what they may.
1t is the truth that you are to ascertain and which
you are bound to declare under the oath you
have taken. You will take the case and render
such verdict you think it requires.
The jury took the case at about ten o'clock, and
retired to their room. A portion of the crowd
fingered patiently "watiug fol- the verdict" Gil
man and his mother, as they retained then seats
in the court room, appeared to be as unconcerned
and composed as the most disnterested spectators.
AT half-past twelve o'clock the jury came in, hav-
ing agreed upon verdict after two hours and a
halls deliberation. In answer 10 the question OF
the Clerk the foreman of the jury replied that
they had found a verdict Of GUILTY. Charles b {.
Gilman has therefore been found guilty OF an as
sault with dangerous weapon, with malice sfoie-
thought, with an intent to kill aud murder. This
is finding on the fist count, which also embraces
the two others. The penalty is Imprisonment not
less than one nor more than twenty wears.