Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-05-12

no right to visit the prisoner and interv;e~
him. ~ '''e' we"
The Judge.-The objection has no weigh,
30 lar a. the competency of witness is CON.
cerned.
Witness Confinues.-Had talk with Me,.
| riil. He told me that they said tina, he com.
United the deed. asked him if he did no,
now he came to know where the trunk was
ne said' THAT remains to be told
THOMAS F. MURPHY RECALLED.
Merrill told me that he had had grudge
against his mother for turning him awav
from home for voting the greenback ticket las,
faii. His parents told him if he would vote
the republican ticket he could have home
with them as long as he lived.
Mrs. ELIZA HAMILTON CALLED.
Formerly lived in China; now live in Au-
gusta. Knew Charles when he was a little
boy. Visited him after he had been in ia;l
about a week. We talked about the murder.
l asked him how ne came to kill his mother.
he said he didn't know; he saw the hammer
lying on the beam, and struck her with il.
Said that he had been drinking on the dav he
did the deed. Said he didn't know bu, drink
ing liquor made him commit the deed. Said
he drank two glasses Of Medford rum.
DEruTY SHERIFF RAMspELL CALLED.
Am deputy sheriff of Kennebec county.
Heard conversation between Merrill and II .
A. Priest. Told Mr.. Priest that he had taken
one or two drinks on the day of the murder.
HoN. ANsoN P. MORRILL, CALLED.
Had a conversation with the prisoner, in
the Jail, after he he was committed. Speak
er Hutchinson of the House was with me-
Told Merrill that dill not come to get in
formation to criminate him. The question
OF capital punishment was up before the Leg
islature, and it was nv object to see if he
had any thoughts OF the penalty when he
committed the crime. lie said that he had
no cause for killing his mother. Said that
he had drank twice that day.
DEPUTY SHERIFF JEWELL CALLED.
Am the county jailer. Was at home when
Merrill was committed. Heard part of the
conversation between the prisoner and Mr..
Murphy. Mr.. JEWELS testimony confirmed
that already given by Mr.. Murphy. Have
heard Merrill tell the story of his
crime as many as twenty times.
Heard conversation between the prisoner
and the County Attorney in regard to getting
out warrant to arrest an alleged accomplice.
The County Attorney told him that he was
the prosecuting officer for the State; that he
that were asked. Charles said that last fall,
after he was turned away from home. he
went to live with his cousin Sumner Merrill
who lives in China. One day, while they
ner said: I'VE ought to have some money"
He suggested that they kill Mrs. Merrill:
sell what things they could and clear
out to Aroostook or some other place until
things cooled off. About a week before the
murder he said that Sumner slept with him
all night, and they talked over the best meth
cd of committing the deed The Sunday af-
ter he killed his mother, he rode over to see
his cousin and tell him what he did Sum-
ner said:
Chars RIGHT; THAT'S Coon"
After he sold the potatoes, Sumner told him
that he acted too hurredy that he ought to
have waited until the affair blew over before
he disposed of the goods. Merrill told Mr..
Heath that he did not leave home because he
feared they would think that his sister was
guilty of the crime.
Mr. Heath then stated that the government
would rest its cause here for the present.
The Defence BEGUN.
The utmost silence pervaded the court
room, when Loring Farr began his opening
argument. 1t was a fine appeal. He briefly
reviewed the case, and said that it was still
enshrouded in mystery. He should adopt a
line of defence totally 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 f. Merrill, on the 18th
day of February. with malice aforethought,
did kill and murder Deborah Merrill. Coun-
sel also read the definition of murder from
the Revised Statutes. BY permission OF
court and consent of counsel on the part OF
the government. Mr.. Farr read the definition
of "malice" as laid down in the 31th Maine
in the case of Estate rs Neal He said that
he should attempt to prove that the act was
without malice aforethought-that it was
manslaughter, the penalty for which is ten
years Imprisonment or Siooo me-
The government 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 cause
him 10 commit the deed, in order that de-
fence might be adopted, he told the whole
storv. He said that in the afternoon on
which the fatal act was committed. ne
drove down to the Mills with his mother.
IN the way he asked her if he could have
the horse and sleigh for the evening. she
made no reply. After their return nome
be went out into the stable to 90
tho chores. His mother soon came
an, n get the robes, to hide. as she mad
don. before. He saw her design, and at
tempted to prevent it. She grasped the
robes, and he held on. Exasperated by ms