Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-05-11

formed an opinion which in Mr.. FAIR. mind
disqualified him.
Washington Drake of Albion, drawn. The
oath was administered to him.
A. j. Sturdivant of Fayette, drawn. Oh.
Jected to by Mr.. Farr as being disqualified
out not being peremptorily challenged he
was accepted.
George l.. Lowell Of Winthrop. drawn.
Challenged. and ordered to step aside.
Thomas j. Townsend of Readfield. drawn.
Accepted
Charles Keith of Read6eld, drawn. OBJ
jected to by counsel for the accused. on ac.
count of being hard of hearing. Ordered TO
step aside
r. Mellen Robinson of Litchfield, drawn.
Accepted
E. F. Yeaton of Belgrade, drawn. Ac-
cepted.
Mr. Farr. in the exercise of his privilege,
challenged A. J. Sturdivant. of the inpan-
eled jury. and Mr.. Sturdivant was ordered to
step aside.
Alfred g. Kicker of West Waterville.
drawn. Objected To- and ordered TO step
aside.
J. W. North, Jr. o: Augusta. drawn. Ac-
copied
The Judge then appointed A. d. Ames of
Waterville, as foreman of the jury
READING THE WARRANT
/ Clerk Of Courts Otis read the warrant in a
clear, distinct voice. 1t charged that Charles
+. Merrill of China, on the 18th day of Feb
ruary, did take the lite of his mother. Deb.
orah Merrill. The prisoner had been ar
raigned before the Grand Jury, and had
plead not guilty. He was now on trial for
that crime.
The Opening ARGUMENT.
: County Attorney Heath addressed the jury
He explained the difference between murder
and manslaughter. He said that the prisoner
came into Court clothed in the presumption
Of innocence. Upon the government rested
the burden of proving Charles F.. Merrill
guilty of murder in the first degree. MUIR
der, as defined by the statute. was the unlaw-
full killing of a human being with malice
aforethought. Mr.. Heath produced a diagram
of the premises at Weeks Mills, occupied by
the Merrill family, drawn by S. w. Bates of
Watervile, civil engineer, and explained to the
jury the location of the house and barns. In
his usual clear style he brought afresh to the
minds of the jury the story of the crime and
of its discovery. He rehearsed the account of
Merrills confession to VIM Percival and to
Coroner Libby. While the CHASTITY recital
was made, while a thrill of horror convulsed
the entire audience, Merrill sat with down.
cast eyes, face flushed and manifesting con-
siderable emotion.
S. w. BATES
of Waterville was the first witness called by
the government. At the request of County
Attorney Heath he had prepared diagram of
the premises, where the murder COM
mitted. 1t was on the scale of one-eighth of
an inch to the foot. The plan was ex-
planned to the jury by witness.
FRANK PERcIvAL
of China, deputy sheriff of Kennebec county,
called. On Friday, February 18th. my at
tention was called to the affair. went to
the Merrill dwelling house, found Mrs. Lilly
there, daughter of Mrs. Merrill. Charles
was not at home when l went to the house,
but got there about three o'clock. Asked
him where his mother was. Said she went
away on the preceding Monday; did not say
where Said he had been looking for her for
a day or two, but was unable to find her.
Said that he had been over to Windsor in
quest of her. Found that all the old clothes
of Mrs. Merrill were missing; her best
bonnet was gone. Saturday morning went
to the house about eight o'clock and instituted
a search There was large number present.
The first thing we discovered of suspicious
nature was blood on the manure heap at the
corner of the barn. Dug over the heap and
found pieces of burnt meat. These were put
in a basket and delivered to DIR. Nelson.
We found piece of an apron in the barnyard
Arrested the prisoner about five o'clock Sat
urday night. He was carried to my house
and placed under keepers Sent messenger
to Augusta to notify Coroner Libby. Mr.
Libby came out about nine O'Clock Sunday
morning. That Sunday afternoon we
4
brought Charles Merrill to Augusta.
On the way, he pointed out place
in Barton's woods (about four miles
from Weeks Mills where we found the trunk
of the body Have had conversations with
the prisoner since he was in the Jail.
By W.. Fa,r-Did you ever hear that any
one else was implicated with Charles in the
murder:
Ansrer.-I have.
BIZ W. Fayy.-Did you ask Merrill II any
one was concerned with him in the murder!
4nsrer.-I don't recollect.
Direct examination yesvmed.-Have al
lwavs known Charles Merrill. Visited nm
twice in jail He told me about the murder
Adjourned until afternoon
AFTERNOON.
+. II. Hanson was the first witness called
hv tho Government. Reside at Weeks Mills.
Have known Charles F.. Merrill ever since
can recollect. Am familiar with the prem
;ses where the homicide is said to have &C.
CURED. Was at the house on SATURDAY
evening, February 26th. Dr. Nelson gave
mo On my arrival, a basket containing char-