Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-22

Lnis case according 20 law and evidence. Ii
for moment you should allow ysur feelings
TO be swayed BY resentment, yours would be
crime as well IS his Free from prejudice,
free from bias, il Is your duty to render q
just verdict. Mr. Foreman, who 10 the pri-
soner at the bar These relatives, father
and sister and physicians. all tell you
that he does not possess the sound balanced
mind that you have, but that his mind 10
weak and imbecil, aud that he is simple
minded. and 80 you say in common
parlance, not more than half bright Now,
gentlemen. that Is who be is. He has not
about him one OF the elements of . murderer.
Why it is plainly evident that he has not the
mind 10 carry out and premeditate a murder,
and the counsel for the prosecution abandon
every claim 10 the slightest proof of malice.
Now why, gentlemen. has his
mind become what it is 1t appears that for
four years, beginning in the fall of 1880. he
has been the victim of a most remarkable
case Of epilepsy. The most eminent experts
and medical gentlemen come before YOU and
testify that the prisoner was victim of
epilepsy. His father and sister testify
10 the nature of his disease; that
for seven long days without food and drink,
all the powers OF the mind suspended. he
lay IN stnpor with no evidence of life.
Now SO 10 the effect of this disease on the
wind Of john Baker, gentleman. You cannot
conceive of a case where a man who, for
tour long years has suffered what this Young
man did, could escape without an i'm
paired mind. | cannot understand how the
attorney general can argue that this disease
was not epilepsy 1t makes no odds under
what name YOU call it, four years ago, down
upon the brain Of this young man came this
dread disease, and neither YOU nor | ever
before case like It, Ia one year and half,
ll0 DAYS were 10 him a perfect blank, and
Mr.. Foreman, do you believe it possible-I
need not introduce the testimony Of the ply
slcians on that part-that the hand of attic
ton pressing upon his vitals and intellect, lie
could come out of it without mental impair
ment? Now was the prisoner respon-
slble? Whether, gentlemen, you find him
responsible. or irresponsible, you will find
him being more to be pitied than otherwise.
have sometimes thought that the story of
these men-Libby and Robinson-was a fic-
ton, and further say, that it is pity, 'sis
true and right here, gentlemen lice the meat
Of the whole case. Can it be that his purpose
in visiting Mrs. Tucks house was rape? No,
not word, not scintilla of evidence is
shown that he did. The witnesses tell you
that Baker told them that he went to Tuck's
to crafty his lust
Mr.. Heath argued at some length that the
prisoner went to Tuck's for the purpose of
committing adultry, and not rape. On the
distinction between these two, he claimed
hung the turning point of the case. He
spoke at some length on the CONVEX
sation of Baker with Robinson and Libby
and asserted that from that arose the fatal
upas tree which spreading out brought about
his crime.
Undoubtedly when Mrs. Tuck saw Baker
coming in the privy, she was frightened;
Baker speaks to her, and probably think
ing GOODNESS the best course, she said t'good
morning"
Hr. Heath discussed the attempt of Baker
on Mrs, Tuck, and held that he did not take
the course that he naturally would if he was
intending to commit rape. Necessarily
much of his language is not suitable to ap-
pear in our columns. The distinction be-
tween rape and adultery was drawn infinitely
by the speaker and he urged the jury that if
they had any doubt as to the intention to
commit rape, then they must agree that he
intended adultery and must bring in a
verdict of murder in the first degree. Mr.,
Heath continued to give force to the theory
of adultery.
In closing the counsel uttered an eloquent
appeal for mercy. This is not a deliberate,
wilful murder, he said The law must be
administered with feeling of charity. II
there be in your mind the hair of reasona-
BILE doubt beg of you to give the prisoner
the benefit of it. Whatever be your verdict
the prisoner is dead to his broken hearted
father, dead to his broken hearted mother
stretched on bed of sickness, dead to the
world, and whether your verdict be murder
in the first or second degree, his lamp of life
Mr.. Heath occupied an hour and quarter
and delivered an able address. While it was
both eloquent and finished his reasoning was
convincing, and he handled his evidence
with commendable adroitness.
Attorney Generals Argument.
At $50 o'clock, Attorney General Cleaves
entered upon the argument for the State You
will not, gentlemen, as honorable citizens,
you will not undertake to exercise the right
of Communication of sentence, which be-
longs to another branch of this government
You will do your duty, and if you hesitate
here you nulify law and license crime in
your community.
Suddenly a most infamous crime was COM
mtted. 1t is almost impossible for human i'm
aginstion to conceive such brutality as exhi-
bited in this case. 1t is no wonder such
deeds of violence are viewed with the greatest
alarm and if there is no vitality
in the laws of our State, let us drive our
judges from the bench and jurors from the
jury box, and leave our people to the will of
the assassin. believe you will do your
whole duty in this case to the prosecution, to
your fellow citizens, to society. | was in
hopes when came here to assist this prose-
cutiou, that should feel justified in not urg-
ing upon you verdict of murder in the frat
degree. But am not here to hesitate in the
performance of my duty. believe in a
wise and vigorous enforcement of the law
against crime. do not believe
that any sympathetic feelings should
allow us to swerve hairs
breadth from Straightforward course
in this matter 1t is immaterisl to me a. far
as am personally concerned, what verdict
you render, but l have an interest in it as
touching the protection of our citizens and
society.
| am not here to urge a conviction against
the testimony and against the law, but if you
find the prisoner is guilty of the crime charged
then it is your duty to convict him of it, That
a most heinous crime was committed is not
denied. That Mrs. Tuck died bv the hand of
the prisoner is admitted. No one can ques-
ton that the wife of Mr.. Tuck, in her own
home, in broad daylight, who was living in
happiness and amid all the pleasant surround
ings of happy home, was killed BY the pris-
oner at the bar. If we have not shown that
he was the murderer, then homicide was
never proved against any human being We
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