Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-10-24
THE sCRIBNER TRIAL.
Second Day-The Jury Completed and Tes-
timOny Of Witnesses.

tatOrS. hiteT tite eAaiIiiuutioH VI soihc h"''
dozen men VINO had been summoned the full
number of jurors was obtained.
The Indictment, charging the prisoner with
the murder of Sadie Mabel Scribner, was read
by the clerk.
Mr. Webb opened the case for the govern
ment. The crime charged is that of murder II
the prisoner is guilty of murder he should be
punished for the security of all. The act of
murder is characterized by the law as a spe-
cies of homicide. He said it was not
necessary to call the attention of the court
particularly to the case, as it had been very
generally made public. But he wished to
impress upon the minds of the jury the I'M
portance attached to the decision. The stat
ute fully defines murder-chap. 1l8, sec. l..
Killing must be the unlawful taking Of life.
When a II AN takes life in self-defense il is
lawful. So with the officer in the execution
of law. A homicide is not legal. 1t comes
from a wicked and depraved heart. 1t may
be instantaneous or premeditated 1t is the
duty of the jury to render verdict whether
the crime committed is in the first or second
degree, murder. If the prisoner shall be
found guilty of expressed or implied malice,
the penalty must be fixed. This case is Pc
culiar, from the fact that the homicide is not
denied The prisoner did kill Maud Serb
Murder in the first degree, murder in the
second degree, or mansaughter. The pris-
oner asks to be excused on the ground of in
sanity. That he was not responsible for his
acts at that time. The character, life and
habits of the mai will be brought before the
court, and by the evidence presented you are
to decide whether the man was in mind to
distinguish betweel right and wrong. The
question is how far must man be insane to
excuse him tor committing crime.
The witnesses for the government were
then called.
Herbert X. Scribner, son of the accused
and twelve years of age, testified: He was
at home in May, 1878, at the time of the
homicide. Saw his father take short han
die spade, and go into the door on the north
side of the house with it. Said nothing when
he went in, and struck the children over the
head with the instrument, but did not touch
him. Mabel fell upon the floor. First saw
his father at IL o'clock that day the spade
was taken from the barn where he had been
shovelng dirt He did not talk with any one
and was cross before he went to his work
that day. Heard no conversation between
his father and mother Saw the razor his
father had used to cut his throat and was
present when the doctor sewed up the wound
man wanted to buy the horse which his
father owned but he killed it, and the car
cass laid back of the house two or three
months. Father carried razor with him.
He often took the children in his lap when
at home Seemed fond of them. Took
Sadie in his lap oftener than the others.
DIR. Brickett testified: Called at the house
alone about 9 o'clock on the day of the trag
edy, being then on his way to Belgrade. Saw
Maud. the little girl three years old, and Err
hot ~ hn lvnr IN M hpt
The temple bone of one was fractured, and
the other showed conclusion of the brain.
The baby had fracture Of the skull. Serb
ner was in the field. Told him Mabel was
dead and he seemed astonshed, and said he
was sorry Was cut on both sides of the
wind pipe, but could breathe. Had no collar
on Did not inquire about his family. Was
sober, did not resist, and expressed no pain
when the wound was sewed up.
This closed the case for the prosecution,
and Lendall Titcomb Esq, opened for the
defence. He said that the County Attorney
had fully defined the crime of murder, but
that they set up the plea in behalf of Mr..
Scribner that he was insane, that he did not
consider the nature of the crime he had CON-
United. The law provides that an insane
person is not responsible for his acts or pun
ishable for crimes committed, therefore you
will consider the evidence put in by the de-
fence, as well as that of the government If
insane the prisoner should be sent to the
ASYLUM anu not to prison. Vile l might
like to see him taken out of this court room
a free man, would myself agree that he
should be confined, but in an asylum. We
make the defence on account of his family
and friends, and so that his children may not
be pointed at as those of murderer. We
do not deny the murder but hold that his
mind was diseased.
AFTERNOON.
Mrs. Mary p. Scribner testified; Is 81
years old mother of J. p. Scribner. There
were brothers and half brothers, live short
distance from where Jason resided. Saw
him frequently, sometimes 3 or times a day.
Noticed something peculiar about him prev
ious to the affair. Said he was tired of living.
Did not desire to make Sarah widow, but
if the Lord told him to he must. This was
few months before the murder. lie
preached, read, and talked treated his child
very kindly, talked to and kissed her, treated
all well. lie thought very much of Sadie,
said she was pretty and smart. Said his
head felt bad, like arrows shooting through it.
Felt so he couldn't work, used to look wild,
never turned pale. He used to sit in a chair
and preach. Did rot notice persons about
him, seemed all wrapped up in his own
thoughts. Said he was all stirred up in his
salvation. Said he didn't want to live, said
so two or three times.
Crossed Examined: Was in the habit of
drinking at times. Left off drinking or
years ago. Said everybody was against him,
wanted to die. Saw Jason in Jail the Satur.
day after he was put in Tuesday, talked with
him some, did not speak about killing his
children, have seen him in Jail once a fort
night. Robert Scribner is brother to my
husband My attention was called two
years before the murder, to his conduct
His drinking hurt his head; never quarrelled
when he drank; never saw him fight with any
person. Heard him have words with the 9th
or children, but not to fight with them Jason
did not tell me that he had given Sarah q
id good licking, and meant to make her
keep her place.
Harvey NJ. Leighton, called Live in Au
gusta, one quarter of mile the other side OF
Scribner's. Know Jason p. Scribner. Saw
him about the last of April asked him to helI
me through the season. said he didn't know
enough to work trouble in his head; some
thing going through his head; felt very bad
Next time saw him was when the Doctors
brought him in. There was blood on his
throat. Asked, ''what in the name Of Coo
did kill my child for?" Said when th'
SMELLS came on he didn't know what he wa.