Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-19

without reasonable ground TO believe that
Wallace was so doing, the act Of the Officers
in attempting to search the wagon you'd be
trespass upon his property. and an unlawful
interference with his personal right to travel
on the highway. yet the defendant, even then,
would not be justified in using q deadly
weapon With intent to take life, or inflict
great bodily harm for the mere purpose of
preventing the officers from OBTAINING his
carriage q reasonable time-it NAV be but
few moments-to determine whether
their suspicious are unfoanded
or not. The use of a deadly
weapon for such purpose would be altogeth-
er disproportion to the wrong andinjury COM
mitted BY the officers. Such doctrine would
be frsught with too great peril to human life,
and would well nigh paralyze the aim Of the
Law. But il is claimed on the part of the
government, thai just prior to the shooting, the
defendant had BY his acts and declarations
created a well founded apprehension in the
minds of the officers that he was about TO
discharge his revolver at Cobb with intent to
kill or infict serious injury, and if you find
such TO have been the fact, il was the duty of
officer Nalloy at once TO arrest Wallace and
take him into custody TO prevent the COM
mission of that crime.
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suns.;ns w"us -n' "s Jus. -, :"
49, A ma $3.50 - mn mn ,loul s"o"s
preventing such arrest and hindering Malloy
from taking him into custody, or for the pur-
pose of preventing the officers from OBTAINING
his wagon and searching for liquor,-if you
ind that Tor the one purpose or the other, under
these circumstances, the prisoner Wallace,
intentionally discharged his loaded revolver
49,, 60 ~; -. s - ~ s;.s.Ss
snaoIso "a ial;ha.a,a ;n,an,;l.n 80 49, 81.
iifa "a a;a .ha.shs. 80 10 Eta =. MaI,ar
30, .onlS - - 80 "a .a,n;.a, - e "a
b;r, o;i.s t ,',.Ja !. ~ a. 49,.
- si.a,a. aan.,aa - a.. o.;,r,
"a ~ -s;, a..
II tharafors Va, snd thu, W.l,aos had
not no;ntad HE n;s,oI a, Cnhb and had mo, nv
hi. sc,s and doeIs,o,;,r. a, ,hs, ,;me c,s.
at.d 4 ali fonndsd snnrehsn.;on that he was
ahon, 20 d.nha-oa ~ raroI.ar a., Chr ana
,hs, Msllov 40. No, !, .,;Saa in ar,s.,;ng him
a, ,ha, ,;r,s q, ana ;ha, W.Il.cs -. N fact
;nnocant 90 ,h. 90, ~ ;lls,.IIv ,,an.no,t;ng
;r,or;c.,,n, I;ono, ana Tho fact. and
circumstances were not such as to
nuuee nv Iessohaoie man ,ne
s"1" sn VI ansoe " usne,e sns' VI. I'm
neu eouAo,s srounu ~. '"'u .e'io"o'
~nu 'ou nnu 'nA, @naee, oeins 'nus mn
e cs ~ run oeiie.eu' anu we nau seasone
apie s,ounu 70 oeheve, una, .ne conuuo. y.
. .ne oneers vas unis" iui Hnu rons W.
nun anu n"u .na' ~ ressou VI u,e passion
anu resentment arising ilou. such pro'ocA-
Ilon' anu 'ne eAenement OF .ne controversy
anu suugsle' ms 'nihu was 50 ruiheu' uiseoui-
poseu anu confused that ne was incsPspie Oh
lenec'ing on tne uesign OF Oh comprehehcins
''e nature anu Pr"oaoie Consequences Vi MS
Act, anu IN this mentai condtion ne uiscnare-
gu tie Ie.o"er suuueni!' i'nPeiieu ny no pre-
sious uesirs LOT revenge, anu win no lnlen.
sion iormeu uhuer tue innuence Vi d ioruier
grunge, you would only De aulnorizeu 70
nno nun guiity OF muruer III the secohu ue'
gree. :.
Inc Juage .9en explained 'he law apPlcaoie
70 'he uelenuAnts 'heory OF an scciuen'ai
shooung' and AFTER INVOKING csrefui attention
10 important pieces OF testimony bearing
upon 'he various features OF the theotles OF
'he government anu uelenc'' ne Sgiin au-
iohisheu Tue jury as 70 tue grave response
oNny ies'us upou mem anu Suoi'i'eo '"e
cause ioi 'neh ue'elni"a'io"'
The Verdict.
o,o,ool Tho ;,,, ,o.;,aa ,ha o,o.a ,o
n.;n;no Tha e ~! 49, ne -.
- ,ha 81. 49, haIo;n; ~. re .S; =.
'" w $3.50 sun '"~s ''e 'etu'e'