Daily Kennebec journal., 1881-05-14
70 establish the charge the government

To establish the charge the government
relies upon both circumsta1tial and direct
evidence in the nature of confessions of the
prisoner. Voluntary confessions of guilt
have, from the earliest history of criminal
jurisprudence, been ever held among the
most effectual proofs 10 the law But where
confession. in the language of one of the old
writer's. is forced fron the mind BY the fat
tery of hope. or the torture of fear il comes in
such questionable shape that little or no
credit ought to be given to it, To use the
plain language more recently adopted BY our
courts If the confessions are obtained bv
the influence of threats or promises exerted
by an officer or person in official position.
whether they are made bv actual ortis or by
acts and conduct. they are confessions which
ought to receive no weight" But mere fear
not induced by improper conduct of the off,
Gers, resulting from his own reflections. from
deep realization of the enOrmity of his Of
fence and from the circumstances under
which he finds himself placed, will rot
in any manner detract from the competency
of the confessions as evidence. Ii is
claimed on the part of the respondent
that the alleged confession made bv him was
induced BY improper conduct on the part of
certain parties who had him in charge. i
submit that question TO you. And if YOU find
tiiat Coiftcsioti uEa~n from MIN nv
any threat or promises. whether made by
actual word of mouth or by acts and conduct
you would be required 10 disregard that n
fession as evidence in the case. But if YOU
find that the prisoner was in state of fear.
or Of weakness resulting from the operations
pf remOrse OF conscience. or of fresh reali-
zati"n of the nature of the offence which he
had committed, and there was no imprrp
conduct upon the part of the persons presenl.
there is nothing to detract from the compt.
tency of that confession. and it is entitled 10
such weight as YOU believe it ought to
receive.
Under the beneticent laws of :he State
person charged even with the highest crir.
known TO our laws, is allowed to go upon Il e
stand and testify as fully and as freely as any
disinterested witness II has been upon the
stand Give his testimony such weight a.
under all the circumstances and probabilities
of the case, in comparison with the other evil
dence. in comparison with his own free, de-
liberate and voluntary confessions. if they
were snch as you believe it TO be entitled Ia.
For his confessions are not merely in the ma
ture OF lnpeaching testimony to imp-ach his
testimony given here. The confessions of
party are evidence of the facts to which they
relate, and when deliberate and voluntary
thev are among the most satisfactory proofs
in the law.
As have already told you, it is not every
provocatiOn which reduces the offence of kill
ing human being from murder to man.
slaughter But in order that this prisoner
may have the full benefit of the law as claimed
bv his counsel. shall give You this rule:
That if you find, as matter of fact, that there
was quarrel between him and his mother.
that there was a struggle in reference to the
nns M n md hat dnr hot
quarrel his mother struck him a violent blow
upon any part of the body, and you find in
view of all the relations existing between
the parties-mother and son-that that blow
was calculated to produce great passion
and high degree of resentment. that it was
an adequate provocation and cause to produce
such degree of resentment and such a high
degree of passion as for the moment to control
his mind, that it not only was calculated to do
it but that in fact it did produce that transport
of passion, that great provocation which for
the moment controlled his mind. and that
without acting upon any malice or former
grudge or any previous intention or design.
formed for u moment even before that act.
solely on this great passion and sudden
provocation he caused the death of his
mother, you will be authorized to find it
only manslaughter under the laws of this
State.
But there are several elements of vital
Importance for you to determine before you
come to the conclusion that it will be only
manslaughter. In the first place, was the
son committing trespass upon the personal
property of his mother? Was he seeking to
carry it away. in disobedience to her orders?
If so she would have a right to use such force,
reasonable in degree and appropriate in kind.
as would be necessary to prevent that. You
will consider that fact in connection with her
conduct, if she did strike the blow as claimed
BY him. If she struck the blow upon the
arm. was it calculated to produce this great
degree of resentment, so that acting solely
upon that prOvocation and resentment he
could take deadly weapon and strike
violent blow upon vital part and fell his
mother to the earth from which she never
arose: Was that an adequate provocation?
What provocation should be sufficient for
son twenty three years of age in the strength
and vigor of physical manhood. contending
for the possession of buffalo robe. to strike
down the mother who bore him. who cared
for him in the helplessness of his infancy,
who nurtured him in the feebleness Of his
youth. and who notwithstanding the quarrel
between them with the relenting heart of
mother. still invited him back on account of
his illness and provided a home for him: Con-
slider all these points of evidence in deter
mining whether this provocation claimed by
the respondent should be sufficient to red1cr
this crime from murder to granddaughter.
leave that question entirely in your hands.
Gentlemen. | forbear to dwell longer upon
the details of this testimony. You have
right to consider the conduct Of this prisoner
from the time he committed the act until the
time the charge was made against him.
Consider his extraordinary efforts to dispose
of the body as testified to by him. What
indication does that carry to your mind ofthe
temperament the disposition. the mental
charac 'eristics of this prisoner: 1t is all
question of fact for YOU.
Human laws are enacted and penalties are
imposed for the special purpose Of teaching
men in the community to strengthen their
power selfcontrol, teaching them to control
their passions under great temptations. hold
ing them to discharge Of their duty and
strict responsibility for their conduct. The
very maintenance of the whole social fabric
which the people have reared upon principles
of reason and justice depends upon rigid
fearless and impartial enforcement of all the
laws which the people themselves have en-
acted for a protection and safeguard against
all wrong doers Gentlemen. consequences
of great moment will follow the verdict
which YOU will render in this case. The
prisoners future destiny,it is true, may be
determined by IT, But your action should be
in ohajianaa IN the laws yOur 0athS and