The Portland daily press., 1881-05-12
BY TELEGRAPH,
THE CHINA MURDEF
Evidence for the Prosecution
Closed
MERRILL'S DEFENCE AS FORESHAD-
OWED BY HIS COUNSEL.

AUGUSTA, May 11-On the second day of
the trial of Charles E. Merrill for the murder
of his mother large audience was in attend
ance. The evidence up to this morning has
been circumstantial. The line of Mr. Fairs
defense was to prove that Merril was subject
ed to undue influence when making his con-
fession and that the confession should not be
a limited in court. There was no evidence
that the confession by Merrill was not free and
voluntary, Mr.. Farr also obj ected to the rec
ord Of Merrill's arragnment before Judge
True of the Augusta police court on the
ground that it was only twelve hours after
Merrill's arrest and confession to Mr.. Libby,
aud that Merrill had no counsel and was not
warned by the judge to provide one. The
court ruled that note be made of the objec-
ton.
The government rested its case at about 4
O'Clock after producing large number of wit
nesses who testified that Merrill confessed COM
uniting the crime to them. 1t was also brought
out that he had been drinking on the after
noon of tho murder. The utmost silence per-
vaded the court room when Loring Farr began
his opening argument for the defence 1t was
fine appeal He briefly reviewed the case
and said that it was still enshrouded in mys-
terry. He should adopt line of defence to-
tally different from that anticipated by the
government. The homicide was not denied,
but the purpose, means and subsequent events
were not known. Mr. Farr read the warrant
which charged that Charles e. Merrill on the
10Th day of February, with malice afore-
thought, did kill and murder Deborah Mer-
rill. Counsel also read the definition of muir
der from the Revised Statutes. By permission
OF the court and consent of the counsel on the
part OF the government, Mr.. Farr read the
definition of malice" as laid down in the 37th
Maine in the case of State VS.. Neal. He said
that he should attempt to prove that the act
was without malice aforethought, that it was
granddaughter, the penalty of which is ten
years imprisonment or 500 fine. The gov
eminent has produced four or five confessions
He should produce confessions which were
more to be relied upon. When Merrill was
asked by his counsel what caused him to COM
nit the deed in 'order that defence might be
adopted he told the whole story He said that
in the afternoon on which the fatal act was
committed he drove down to the Mill with his
mother. On the way he asked her if he could
have the horse and sleigh for the evening.
She made no reply. After their return home
he went out into the stable to do the chores,
His mother soon came out to get the robes to
hide as she had done before. He saw her de-
sign and attempted to prevent it. She grasped
the robes and he held on. Exasperated by his
resistance she grasped the pitchfork and
struck him over the arm. In the frenzy of
passion he seized the hammer and struck her
over the head twice. She fell upon the floor
like stone. He hurried out to get some snow
to put upon her temples, but she was dead.
He carried the secret with him until it nearly
drove him insane. In this mental condition
he attempted to conceal his crime BY burning
the arms, legs and head and hiding the body
in the snow.
During Mr.. Fairs address Merrill coyered
his face in handkerchief and wept profusely.
Witnesses were introduced by the defendant
to SHOW that Merrill had always borne the rep
utation of being a peaceable and good-tem-
pered young fellow. Merrill will be put on the
stand tomorrow.