Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-11-16

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still he sane at other times. Insanity is often fit
full He might have known Def re and after th,
deed what be was doing. The disease may exs
and lie passive, and only need some event 10 brint
| II into action. ID fhcult 70 say how long he hat
been in -ane. 1t might have been onderint
for years. Insane persons may have manifesto
tons on one point. An insane delusion is q belle
| IN thing VIII 'ch does not exist; such IS person
| Imagining himself a king immensely rich
Based his opinion Of Scribuer's insanity from the
| aggregate Of testimony presented.
| Jos. l.. Libby: Am turnkey at jail. Those
| who called to see Scribner generally saw him in
the Office Geo. Scribuer bad not to his knowledge
| had any interview alone with the prisoner.
Cross sraniined-Ilad not been present at every
interview.
| Joen o Page, ia lor, was recalled: Geo Serb
| ner had never had an interview alone with the
prisoner.
Cross-eranained-In the interview was with
| him, standing near by.
Joseph l.. Libby WAS recalled: When Geo
Scribner went in to see his brother, was near
enough to hear all that had been said. Never
| left the prisoner and visitors alone Heard them
| talking. Csnuot say exactly what they said. Did
| not hear Jason ask George If be killed the chill
| dren.
| Geo. Scribner was recalled and testified that
Mr.. Libby Was not always with us when we had
| conversations.
This closed the evidence on either side.
| Hon. Samuel Titcomh then made the closing ples
| for the defence He trusted oil had an equal de.
| sire that such verdict would be gwen Is would
protect the state and prisoner - we'll Trusted
| that the would be decided on the evideu ce
and not on hastily formed opinions. One of the
| objects Of the legislature in the repeal OF the
| death penalty was to ensure punishment by mild
| er penalties. But he trusted the lry would rem
der their verdict without fear or favor, and with
| out regard TO penalties. But in this case, we
| need not take counsel of our fears. He had no
! doubt the verdict would be that be is insane, and
| there is protection to society, for he would then
| be committed to the Insane Hospital.
If the facts proved in this would be suf
fcient to satisfy two scientific ply scisns that this
man prior TO the act ought to have been sent to
the Insane Hospital. then that is the end
of the case IS far as the government was
concerned. Now the statutes have defined what
constitutes insaDity-those who are lanutic or
distracted are deemed fit subjects for the Insane
Hospital Now do you doubt, if such an applica-
ton had been made, that be would have been com
mitted to the Insane Hospital IL lie should have
been thus committed he is entitled to scqsttsl ON
account of insanity.
But we must be satisfied that the man must
have had q motive for committing the tragedy to
be found guilty. DO you find anywhere in the
evidence that he bad = motive for killing Maud,
that he harbored any emnity towards bis children I
If there was no motive then the malicious intent
was wanting. But we find that he had peculiar
affection toward Maud. There is NO evidence of
sudden provocation or insult to induce him to
commit the crime. 1t must be your opinion that
the defense has been conclusively established.
You must be satis fed from the evideIce that the
prisoner is insane. The defendant must satisfy
you by preponderance OF evidence that he WAS
insane OF the time the act was committed.
He then spoke Of the law of responsibility. In
NJ ass ashuseus it has been decided that man 10
DOT responsible for 40 act done when the mind is
in an unusual state.
He then called sttert ton to the evidence 10 the
case. and ia detail. From the testimony Of Mrs.
Scrbner and that of DIR. Harlow, we would have
been willing to rest this case. He cited as acts
showing insanity, Selling the throat Of his wife,
without say ing anything; getting up in the nigh
and saying that neighbors were Imposing upon
him going out and returning, saying he had Civ
en- sufficient warning; putting his hand through
the square Of glass; swearing at his wife, for rs
he said, imposing upon him; halloing before Mr..
Jones; talking Of knifng folks; having an
sntps by against most every one; fsncied that
his brothers wife had an aLtipathy against him
the peculiar difficulty with the head; arrows GO
ing through hi. head; when he was freed from
the excitement that liquor brought, be WAS sub
ject to anothef-s religious exciteDent. and that
probably had weight in contributing TO the result.
1t 10 not clearly shown when the insanity com
menced. Some six years ago there were indica-
tons Of the deus,on. For nearly two years past
he has worked but little. Mr.. Ti,comb referred to
several other cause.-the loss of his child, &c.
His mother heard him talk strangely, about the
arrows shooting through his head about poison
ing the milk having all be could do to contain
his mind; stating his readiness to die, &C.
To come down to the fa al day. he bad made
the statement to his brother that he was ready to
die. He couldn't sleep nights, would walk round.
wiring his hands, and say here was an awful feel
ing in his head He said after the deed, that he
had killed the children, Is be wanted them TO 60
to heaven with him. There seemed to be fear
of this man in that neighborhood. an had they
done their duty, We should not be here to inves,i
gate this most horrible tragedy. II seemed to
him that all the facts presented showed that .
change took place 10 this man, and continued in
cresslng, tending to bring him to the condition in
which he was at the time the deed WAS commit
ted. He took occasion to administer advice and
reproof to newspapers in regard to t atipg light
~ these cases where insanity is set up rs de-
fcnce.s We should not indulge in the thought
that cases OF insanity are rare. The crowded state
of the insane hospital disproves that Real insan-
ity must furnish q solid substantial defence for
crime committed. He closed by calling the at
tention OF the jury to the Importance of their de-
cision. He asked consideration Of the evidence of
Dr. Harlow, for sympathy for the children, II none
could be extended TO the father.
Hon. +. +. Webb then made the closing argu-
ment for the government. lie said that IN the
trial Of this man he had no wish that he be
brought in guilty if he 10 net so; but If he be
guilty, the person who perpetraes CRIME so hor-
ribe ought to be punished to deter Others tie
knew the jury would decide the case IN view of
law and evidence. The crime Of the terrible HON.
icide has been proved This is admitted. Now,
how does II stand 10 regard TO tue Outueh OIL proof
The court will instruct you that the burden OF
proof rests upon the prisoner to prove that be was
insane. II you fnd him, ~ we sav, ~ little luny.
or with strange actions. the insanity would not be
proved. He did not believe Jason Scribner WAS
ever Of sound mind. a. the term goes. He believed
he is on the border line Of insanity and sanity.
The question is, what degree Of mind and memo
ry did Scribber have at the time OF committing
the act. He read from the law to show what H.
sanity is. Scribner was not a level headed man.
He is . man of unrestrsined temper, has nursed 1t
until he committed the act in temper or revenge.
The mans history shows that he Is y man OF bad
temper.
The first impression may be that any man who
would commit such an act must be insane. But
the atrocy of the act is no evidence Of insanity.
This man ScribDer may we'll be compared to Jesse
Pomeroy, the boy murderer. When be got into
passion he was relieved by violence. The man
with his threats had not been resisted and his tenn
per kept growing until the final, fearful consum-
10 alton. A man may be insane from jealousy
has he q right to ki BY the testimony of
DR.. Harlow there is no delusion in this case. He
then call, attention to the evidence Of insanity.
as brought out by the defence. His mother,
brother and Mr.. Woodward are the only ones who
had heard about arrows passing through his head.
His threat to make his wife widow was cousid-
cred BY his mother idle talk, or she would have
notified his wife. We have two witnesses to prove
insanity his mother and his brother Geo ge; and
that he would lie down without saving wood.