Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-04-20
SENTENCE OF EDWARD VI. SMITH,
THE BUCksPORT MURDERER.
His asst Appearance In Csuit-ue sun
Asserts Ills Innocence.

The last scene of the last act of the awful trag-
edy. which was perpotrated at Bncksport more
than year ago, closed at the court house in Els
worth, on Tuesday last. The Ellsworth Ameri-
can says that when brought into court by an Off
Ger, Smith looked 10 better health than when on
trial. There was, however, the same impossible,
inpenetrable counlenance, and the same absence
of all emotion either of fear, shame excitement,
and the same clear, cold, eNpTessiOultss eye, Ike
FURNISHED steel.
The prisoner was asked if be had anything to
say why sentence should not be passed. Smith
replied that he had, and then proceeded for more
than two hour, to address the court. lie began
by saving that he had been uuiusty convicted,
and that his ttlal was not had in accordance with
law. lie hye ghCd severely against the prose-
cutting officers, in plejudcing his before the
jury aud IN Withholding testimony in their pos
session, which would have told in his favor. He
accused them Of slandering him. For molc than
an hour he discussed questions theological, meta
physical ami philosophical, IN broken AMI dis
connected manner, and few, If any, were able to
see their bearing on bis case.
Next he reviewed at length the testimony Civ
en- against him, and dIew the conclusion that
the jury was not warranted in convlcting, sNainst
his own testimony, or in other words That be-
cause the government failed to contradict his tes-
umOny IN most particulars, II must therefore be
taken as true. He then appealed to the Court to
trlal-remalked upon the terrible punishment he
must suffer affirmed that he should flight moral
ly to the last to Obtain justice and asserted his
lDuocenCe. He closed by again implorIng for a
new tIial. Throughout his long harangue, the
prisoner exhibited little or no feeling, and on the
whole, il was regarded As tame and dry. lie dill
not allude to the murdered victims nor did he
loudly protest his innocence, but talked on techni-
cal points, aud seemed to wish TO convey the idea
that he was in injured man.
The Court (judge Peters presidng), then passed
sentence IN the following words
have heard you because it Is your last day in
court, with great patience, aud very fully. NV
mind has been able to follow you through your
different points taken, as my recollection OF the
trial is vivid one.
1t would not be expected Of me TO make remarks
in relation to your objections in detail. But can
say, without any hesitation, that there is not
point taken in o. lection to the trial or the course
OF the trial, that has any reasonable foundation
whatever.
You had a fair and impartial trial, as mach so
as can be had IN court OF justice, you were ably
defended by counsel most devoted 10 your inter-
est. do not think possible thing was left I'M
done By him 10 aid you ia your hour of peril. lie
was very watchful to get IN all proper testimony,
and with great vigilance kept out all improper tes-
timony.
You had the process OF the State to get all the
witnesses desired by YOU. You had the benefit OF
a the benefCeut rules of law applicable TO Grim
inal cases. There was no haste or inconsiderate-
ness IN the trial 10 any respect. And still jury
OF your own country, against whom you can al
ltge no complaint, found you guilty Of murder in
the hrst degree, murder of the most atroci0us
aud diabOlica character.
By Their finding they saw to US that they had no
Reasonable doubt Of your guilt. Having presided
st the tial, 1t becomes my duty to add, that have
40 doubt OF your guilt, none whatever. The com
munliv can have no doubt OF your guilt, and 10 my
judgment they will become more and more as
cd nft he If p
Il is weakf.s, criminal history shows. Of con
ycts, that they not satisfied with the fact of
their conviction or the manner Of it. And, as
strange n 1t may seem, 1t Is part Of human ma.
ture that they will maintain almost TO them
selves, although guilty, that they ale innocent.
Smith, YOU are the only living person who alb
solutely knOTs whether you are guilty or not
and there l. no etainty, without your own evi-
deBce, that can even intUIm the world what the
motive which sctuated you to commit this
dreadful act.
Ibelieve, have no doubt, that liberation from
punishment will never be open to you. 1t will be
an impossible thing; aud advise you, yourself,
to come to the same conclusion, and accept the
fact with all ITS consequences. fully. 1t would be
wisdom for you 10 come to such a conclusion, aud
act upon II. Reributon has come upon you
though not swiftly, surely, and inevitably 1t is a
wal ming to society that IN this state, at least no
secret, unlawful killing OF human being Is like
" to eyade the discovery Of the law, escape its
pun shment. All the issues have been decided
against you, after great care and consideration,
first by the jury, the facts, aud by the Count
as to the law.
Never an agreeable duty is it to the Court to
pass sentence upon any human being, even for
more ordinary minor offences. But where
there is duty to be performed, We cannot shrink
from its performance and the only duty re-
malng is, that you shall receive the sentence of
the law.
Ed,cdrd II. Smifh:-Tbc Court having con-
sidered the crime whereof you stand convicted, it
i, ordered that you be punished therefor by con-
ii ne TO hard labor for and during the period
Of your natural life and that this sentence be ex
ecuted upon you within the precincts of the State
Prison, situated in Thomaston, 10 the county Of
Knox, md that you stand committed until remoy-
ed IN execution Of this sentence.