The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-02-05
set may be murder in the second degree. although


the killing was not intentional.
The burden OF proof is on the government to
prove all the ssseRal allegations in the Indictment
beyond a reasonable doubt; and the presumption
is in law that the accused is innocent beyond such
doubt. What is a reasonable doubt? 1t is not a
mere possible doubt, for anything relating to hue
ms affairs may be subject TO possible doubt The
evidence must establish the truth of the aegat ms
to reasonable certainty tnat eonvinees the under
standing and satisfies the judgment OF reasonable
man, Beyond a reasonable doubt; not beyond an
unreasonable doubt, and not beyond possible
doubt.
Now to the evidence The government relies up
the direct evidences of an aeeomplice upon cir
cumstantial evidence and upon the admissions OF
the prisoner.
AS to the testimony of an accomplice. 1t is com
petent for the jury to convict person tried for
crime upon the testimony of an accomplice alohe
without confederation. Long experience has how
ever shown that the tefiimony of an alleged accom-
plice somtmes turns out to be false; and for that
reason the court must caution the jury against
founding verdict upon the uncorroborated testi-
mony of an accomplice. Is his testimony cortob
GRATED by other testimony which is re liable? That,
the evidence will show
Admissions have a bearing here In some cases
where declations made in the presence of
other, impn ing crime TO Kim and he makes no re-
ply. his silence may be vacit admission of their
truth, or not according to the facts. II be hears
and understands the statements if the truth of the
facts is within his own knowledge, ii he is able to
reply to them if he chooses if the circumstances
such as call for reply, if he is not restrained by
fear or doubt, admissions are competent testimony
The fact that witnesses called for the government
differ upon some immaterial points is to be noted.
1t is stamp If truthfHlness when stories thu
told How is in this case is for you to determine
1t is admitted that Blaney killed Barrows; was
Mrs. Barrows present or near to give him aid and
comfort, and was she there for that purpose? If
50, SHE can be found guilty under this Indictment
there can be no conviction of murder in the second
degree; she is either guilty or not guilty.
The motive for this crime is said by the govern
ment to be the hatred Mrs BaIrows felt for her
husband; whether this be one is for you to de-
termine, and with it you are to take into account
the entire facts in the case.
We come to the matter of confessions If they
were made freely voluntarily, without hope Of re-
ward, or promise of favor, they are admissible.
His Honor went over in detail much OF the testt-
mony, making observations upon every point He
continued: The case before you is a serious mat
ter the entire story is not known and never viii be-
1t is case serious to yourselves. important for
her, interesting to all citizens. You must carefully,
conscientiously and thoroughly ascertain tho facts
and then firmly and fearlessly do your duty II you
carefully apply the principle of law above laid down
to the facts you find them you will be
able to return verdict slCisfactory TO the court,
the prisoner and yourselves.
The cess was given to the jury at 645 and
they Withdrew to their room. Supper was
brought to them, and the court adjourned.
Meanwhile people stood about and waited for
the verdict.
The Verdict-"GuiIiy.'
About 10 O'Clock this evening the court was
notified that the jury had agreed upon ver-
dict, and fifteen minutes afterwards they fled
into the court room to their seats. The hall
was dimly lighted, and the absence of the
usual jam of spectators was peculiarly notice
able, only about forty persons being present.
Mrs. Barrows was brought in, in charge of two
deputy sheriffs, walking very slowly. j. B.
Donovan, Esq, of counsel for the defence, and
County Attorney r. M. Higgins were also in
the room.
A SOLEMN Stiffness pervsded the little au-
disnce as Clerk JAS E. Hewey of Alfred rose
and propounded the customary queries 10 the
jary concluding with What say you, Mr..
Foreman, is the prisoner at the bar guilty or
not guilty? and as the answer "Gailty Of MUIR
der in the first degree" was rendered, sigh of
relief escaped from all.
Mrs. Barrows, who had been standing re-
ceived the verdict with the GOODNESS OF an ice
berg, not a tremor or the slightest change in
her countenance was noticeable.
Immediately after the verdict was given
Mrs. Barrows was taken in charge of Deputy
Sheriffs Dana S. Beacham OF Limerick aud
Eben Barker Of Cornish, and by them removed
to the Jail.
1t is understood that exceptions will be fled
at the coming in of the court tomorrow morn
ing. If they are allowed the case will be
argued st the Law Term " hich is held in Port
land in July next.