Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-03-19

lOu~, Mhen You cOusldef tue tOuuuCt VI thS
b lh before aud after the event. "A man VINO
coil saw, Good d-m you, you Law there, anu
then to Mr. Stevens, after the woman was ueau,
what he did about laying her out and concea'lng
the bloody clothes and other evidences OF quit
gull, knew what he WAS about lie uld that
viii. h he knew would lead to her death; or, per-
chance he might have embraced the idea, from
bi- habit Of beating her, that he had a right to
continue the pounding indefinitely. But the jury,
nevertheless, will hold him responsible
rni- ca e novel from thu fact that the prisoner
hi n.elf did not know until Saturday what the de-
fence was. The man had started out with the
theory of laudanum another that she fell from the
self DID, another the breath of suspicion. This
man knew what he was about and had discu >sed
1t the next day, making ST. aight, plain and direct
statements. The man that Friday had intelii-
scnce enough to know what he was ABOUT. Savage
said that he had seen the bruises, and that he
might have done it, but he dl1n't know.
lie turned gain TO the testimony OF the Doctors
D. ill had said he had known slight bruises on
the head to produce instant dea h. Were the ter'
iible wound on the ear and thc broken nose pro-
duced by the disc se Also the clutch OF the hand
upOh the throat He didn't believe it required eK-
peit testimony to show the boot made the scar
upon the head. VINO is the man can tell US OF
tnese matters except the pisonerf but, Oh 1t IS
said he is not in a condition to testify.
10 regard 20 the testimony of MIS-. Cummings,
it is corroborated. This pounding was on tree
DAYS and before the appearance of Mrs. Stevens,
which had been denied by the counsel. You hear
the awful command and the voice of MR.. Savage.
Mrs. Cummings recognized the voices of the two
persons. The action Of Savage afterwards was de-
tailed, until the final scene, the woman spread out
upon the floor, with no one present but her nus
band. Then and there she made her charges
against her husband The kindly AM domestic
Offices Of Mrs. Stevens were referred TO.
This man had looked unmoved while the dog
from the streets licked up the blood OF his wife
t,om the floor lie had indeed converted his
house into slaughter house. But the man was
sober enough ana knew enough to attempt to
cover up his crime. and his acknowledgment OF
heiug ashamed. lie then and there promised he
would never a. ain drink.
The testimony of d. usilla Stevens was review.
ed. She more or less 10 and out of the house.
lie believed that woman tod the honest truth; he
b leved the woman Is made of sound, true tim
hei, and told the whole truth. On the list OF
ID cember, after the rum was got out of this man,
he wrote that letter charging crime upon his
dead wife. II showed a fearful state of heart to
charge that dead woman, five weeks 10
her grave, with a great crime. And it was after
BE had asked her iol giveness on her death-bed.
forgiveness for what Because she had the pur-
pura: He read extracts from the letter. Thought
the letter shew what the man was about A man
who will murder his wife and then charge her
with adultery, would not be likely to help his
case by taking the stand. This shows every ssmp
tom of murderer. This man has never been
moved nor showed tear of contrtlon lie has
the gangreene heart Of a murderer; every spcck
of humsnity has departed from HIM.
lie reviewed the various threats made by Saw
age to his wife, brought out in the evidence, his
numerous and varied forms Of abuse. Murder
was in the man heart, aud he exercised ii. The
community calls for protection from these awial
outrages Rarely 10 kennebec county, Is such
tragedy enacted. In considering the case, let
Justice have its full play. DO not be misled or be
deceived. Render such a verdict that Will satisfy
YOU when YOU return to your families, aud the
communities that the law is designed to protect.
lie had no doubt that such a verdict would be
rendered. The blood-covered apparel OF the VIC
lim which had been exhibited, are eloquent and
cary conviction, though they are dumb
Mr.. Webb closed his argument at quarter past
four 1t was thorough, compact aud searching,
aud was pronounced n most able summing up ot
the case.
The following is an abstract Of the instructions
of Judge Dautoith to the jury
For four days YOU have paid very careful atten-
ton to this case, to the testimony, and the srgu-
ments of counsel which have been very elaborate
aud able. The respon.ihillty Of fnGink the facts
i, upon you far as the law Is co.cerned, the
responsibility Is upon me.
Ii has been sad that tins case IS one of great
Importance, and truly. The law hold, not only
life but every person in society as sacred. 1t
allows no striking or touching IN wIltul, angry
manner. Whenever II Is done It is violation of
law. and il death ehsue, II NAV he a still higher
crime. just in proportion to the importance of
this case to the repayment II is also important to
the community 1t Is Just rs important that he
should be convicted If guilty, as it is that he
should be acquitted il he is innocent
il he is guilty, you will render such a YER
dict as will protect those who are a, mach emit
tied to yonr sympathy a. he is. Tue law requires
you to be convinced beyond a reasonable doubt
of the trsth of the charge before you can con
wet. II requires that you should exercise your
own Judgment aud discrt ton, as Reasonable men,
giving the testimony It's proper and legitimate
effect.
The indictmenrchslges that this respondent on
the 10th day OF November last in and upon the
body of one Eliza Ann Savage, feloniously and
wfuy did make an assault, and her, the said
Eliza Ann Savage then and there did feloniou.ly
and wilfully XII and shay The charge is not
murder in the first second degree, but man
slaughter, which involves really two crimes, that
of assault and battery, the lesser, and manslaugh
er the greater. If he is guilty OF manslsughter
then he is guilty of assault aud bat
terry, because that is involved 10 the higher crime.
1t competent FOR YOU to render averdct of gull
" Of assault and battery and not of man- hter
or guilty of msnslsughter As the testimony
quires. Or you can Ind him not gul y of the
charge.
The first question is whether there was an as
sault and battery. Ii there was none, then there
could be no mspslaughter, aud you would return
verdict of not guilty. If you find there was an
assault and battery, then in any event you would
return verdict for that crime. But you would
find II also necessary to inquire further whether
the death was the result of that assault and bat
evidence
showing that fact You will consider the condi-
ton in which she was found at the time and after
her death, and her condition from time
to time previous to her death; the testimony
that these two persons were then alone. The full
lest testimony you have from anyone on this point
is from Mrs. Stevens. 1t is for you to say what
credit you will give to her statements Then
you have the testimony of Mrs. Cummings
You will judge for yourselves how far the con-
diiion of the body, SO far it is proved to your
satisfaction. corroborstes what she has s,a'ed or
how far it fails to corroborste. And upon this
point in regard to the body, you must decide from
the testimony in the whether those appear
snces which have been described {, you by the
physicians who were present at the time, we've
caused by violence or by disease. You will also
recollect the statements of the deceased. But her
statements are not testimony. and are not to be
weighed as t, ndipg to prove any fact. They are
TO he coDsd, red as bearing upon other evidence.
You will see what charges were made in his
presence, and how far he called upon to
deny. II he did not know what said, of course
he would not be expected to answer. The same
principle applies to the statements made by him
SELF They may be of the highest degree of proof,
and they may be the weakest possible.
You will take his statements and his conduct all
the way through, and ali the other testimony.
with that OF the experts in considering this branch
If the Won are now on. and iudye for ynur-