Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-10-27

desire that it shall be fair and impartial
trial. The reason for bringing so large an
array Of witnesses to show the acts OF
the man for long number of years.
AFTERNOON.
Mr.. Webb resumed: Have stated to the
gentlemen what regard as the true and sim
gle issue before the court. The prisoner
stands legally convicted Of murder, until it
is proved he had not mind to judge between
right or wrong. We presume that he knew
what he was about and what were the conse-
quences of his acts. shall call your atten-
ton briefly to the evidence rendered by each
witness. Setting aside the prisoner we will
take his mother. 1t won't do to be governed
by sympathy, but by his acts-his converse
ton, his treatment of Daniel and Daniels
wife. / maintain his conduct was Occasioned
by an ugly temper, a vicious man. His moth
er knew his disposition. His acts show law
lessness and not insanity. Insanity is never
discovered until after the crime is committed.
He wished to be better man, a Christian,
read his Bible-wcre all fiimsy excuses for
his wicked acts. Take the evidence of his
brother: He complained that his brother and
wife were picking upon him; that he was the
subject Of conversation between them for
some time. George says, he believed that
the neighbors were picking upon him. He
comes home at night cursing and swearing,
strewed Holsters about the floor, laid in the
barn all night; refused to make q fire for his
wife He believed that Mrs. Allen gave him
milk that contained poison. That is all the
delusion of the poisoned milk. Is this any
excuse for man committing murder? Fear
and insanity cannot exist together. As
shown by the testimony of Mr.. Vaughn, you
can't friuhtan ips ntty nj nf mi with N
good stick. Also his squabble with the jailor
over the spittoon. That is the temper of ia
son Scribner. Go to the Insane Hospital and
see you can make the inmates do as you
want to by brute force. Not at all. The
conduct referred to comes only from mad
man like that Of Jason Scribner. He has a
fine memory. He related the scenes that
transpired two years ago with the same ac-
curacy as he did at the first trial. He des-
cribed the situation of each child when he
struck them.
will not weary you longer with argument.
The case is an important one and have con-
fidence in your wisdom, and leave it in your
hands to decide.
1t was 3 o'clock when he closed his argu-
ment. The court then took recess of ten
minutes, and then assembled to listen to the
Judges charge to the jury, of which the fol-
lowing is an abstract:
Gentlemen Of the jury:-The crime with
which the prisoner is charged is a very grave
and atrociOus one, the murder Of his own
child. Ii is q matter in which all are deeply
interested. 1t is matter in which the pris-
oner is very deeply interested; but this
should not deter you from fearless declara-
ton Of the facts as you may find them. The
prisoner is charged with murder in the first
degree, which is the unlawful killing of hu-
man being with express malice aforethOught,
or in perpetrating or attempting to perpetrate
a crime punishable by death, imprisonment
for life or for an unlimited term of years.
When murder is committed otherwise it is
murder in the second degree. Imprisonment
to hard labor for life, as q punishment for
murder in the first degree, having been sub
stituted for capital punishment, the punish
ment is the same in both degrees. 1t is COM
petent for you to find him guilty of murder
in the first or second degree; because, al
though the punishment is the same, there is
a difference in regard to the proceedings for
a pardon. You have legal right to find him
guilty Of manslaughter, which is the unlaw-
full killing of human being on sudden pro-
vocation without express or implied malice
aforethOught, although it is not claimed by
the prisoners counsel that the evidence war
rants such finding. You can find him not
guilty, generally verdict which the defence
do not claim, or not guilty by reason of in
sanity. The elements involved in murder
n e homicide, which IL not here denied, and
malice aforethought, either expressed or i'm
piled. Malice, in legal sense, is character
lied by acts committed with an evil DISPOSE
ton, a wrong, unlawful motive or purpose,
the willful doing of an injurious act to another
without lawful excuse; and it is implied, in
the definition of murder, from the willful,
voluntary and unjusti6able act Of destroying
the life Of another. Express malice is the
killing of another unlawfully, without justif-
cation, with a sedate and deliberate mind,
a formed design.
1t is sufficient if the design to kill precedes
the killing some appreciable length of time.
The burden is upon the State to satisfy you
beyond reasonable doubt, that the crime,
either in the first or second degree, was COM
mitted by the prisoner. But the prisoner,
through his counsel, comes in and claims to
be excused from the penalty of the crime
which appears to be proved against him, on
the ground that he was insane, and not le-
gally responsible for his act at the time of its
commission. Every person is presumed to
be sane and responsible for his criminal acts.
And when he comes into court and sets up
his insanity in justification Of his act, the
burden Is upon MN 10 satisfy the jury 10
their reasonable satisfaction, by . prepOn-
derance of the evidence, that he was insane
at the time of the doing of the act to such 4
degree as to render him irresponsible for the
consequences of his act. The theory of the
defence is that he was naturally Of an irrita-
BILE, excitable temperament, and from intern
perance and the indulgence Of his passions
he had finally become so insane as to be ire
sponsible. On the part Of the State it is
claimed that his mind was not diseased; but
that his acts were natural and ordinary. His
life for several years before the homicide has
been laid before you, and very properly.
Because, what in one might be strong evil
dence of insanity, in another would be SIM
ply evidence of his natural, ordinary action.
A general definition of insanity is diseased
mind, affected in the slightest degree or
wholly destroyed. In this case mania and
insane decisions are claimed. Mania involves
all the functions of the brain, dethrones the
reason, and the person is q maniac. Insane
delusion, in legal point of view, is belief
of the existence Of something which not only
does not exist, but of which the person has
no evidence sufficient to satisfy any healthy
mind, and he acts upon it, reasons upon it,
and holds it as reality. If you should stop
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