Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-01-07
Bath, Jan. ).

The trial Of wilkinson for murder was
continued today. The court assembled at
A. N. The court room was densely thronged
with spectators TO hear the argument Of the
counsel for the prisoner. The counsel oceu-
pied nearly two hours in Lis plea. He re-
viewed the circumstance PERTAINING TO the
shooting Of the officers and entered largely
into the spirit that officer Kingsley was not
justified in law in firing at Wilkinson, and
that the prisoner pulled his revolver in self
defence against that officer. The counsel
claimed thi. rebais the inference drawn tend
ing TO prove general malice, and would re-
quire the State to prove the particulars OF the
murder a. against Lawrence. This being 50,
the elements Of express malice have not been
proved The killing was murder in the sec
ond degree.
Attorney General Cleaves, in the argu-
ment for the government, reviewed the main
points Of the testimony and the confessions
that wilkinson had made, claimed that the
pursuing prisoner pulled his revolver With in
tentions of shooting any citizen that impeded
| his flight, and in so doing counsel claimed
clear case Of malice sf0rethought, and that
the Jury should render a verdict of murder
| in the first degree. He said that it was
grave responsibility that required him to
urge the conviction of the prisoner of
q crime punishable BY death that he was not
here from choice, nor were they. We would
all gladly be relieved from the performance
| Of these grave duties, but there are certain
| responsibilities resting upon all good citi-
zens who desire the enforcement of the laws
and the protection of society, and you are
| here in the performance OF these duties. You
| will not hesitate to discharge them fearlessly
| and if the evidence statistic. you within the
| principles Of law governing the case, of the
| guilt of the prisoner You must fearles,ly dis
close il. II is claimed that this respondent
had no intention to take the life of William
| Laurence; that there was no generalization
| or purpose to kill and murder, but the testi-
| mony shows that there was generalization and
and design; that the prisoner previous to
this murder started out from
Portland with his companion for the purpose
| of breaking stores and committing larceny ;
that he was armed wiih dangerous weapon
intending to resist all opposition. and if nee
| esssry to effect his escape. shoot down any
citizen who might interrup his progress; that
| in pursuance of that formed design he came
| to Bath, broke into a store on Commercial
street and in ehecting his escape shot this
| office who was preserving the public peace
| The attorney general declared that the instru-
ments of death found upon the prisoner. the
| fact that he drew his revolver aud was pro-
| ceeding along the street in his flight. pre-
pared to take life, was evidence of formed
design. The weight of the admissions of the
| prisoner when arrested at Bangor. his purch-
| ssing paper the next day after the murder
and reading an account OF the brutal deed he
had committed. was fully discussed and Mr..
Cleaves argued that the evidence in the case
and the circumstances surrounding the pris-
| oner conclusively show that he had no more
respect or regard for human life than for the
Wild beast of the forest. The attorney gen.
eral continued TO review the evidence as
bearing upon the question Of malice, arguing
that il was plain picture of deliberate muir
der; that the prisoners self control was
never more absolute than at the time of the
commission of the crime; that he intended to
murder officer Lawrence; that he did, and no
psllistion or excuse for the awful crime had
been offered. The attorney general urged
upon the jury to fearlessly do their duty, tina,
they were not responsible for the law, but
would be held responsible for its execution
| Judge Libbey in his charge to the jury
occupied about one hour. He closely de-
fined the two degrees of murder, applicable
to the crime. He revieve ed the case on the
different points of law and his instructions to
the jury were full and complete. He said in
his closing remarks you must first find if the
prisoner is guilty of murder. II you find
that he is guilty of murder YOU must deter
mine the degree, whether first or second
| At 2.55 P. ". the case was given to the
jury. At 25 the verdict was announced
that Daniel wilkinson the murderer of off,
Ger Lawrence was guilty of murder in the
4 Htct uc
The prisener did not seem to be moved in
| the least az the verdict. When remauded
for sentence hy the court a smile was visible
on the prisoners face. The prisoner will
probably be sentenced Monday.
IL is the universal expression of the citi-
rens of this city that the verdict rendered 10
justi6ble. and that the condemned murderer
should receive the iull penalty Of the law.
| death by hanging.
| In the Wilkinson case the jury stood on
the first bailo, 10 for murder in ,he first de-
gree and t~o for the second degree.
Counsel Heath says he viii make a motion
for new trial in arrest Of iudgmen, and ex-
ceptious-