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

counsel for the respondent thar the prisoner
did not 60 to the house of Mr.. Tuck for the
purpose of committing the crime of rape, but
for the purpose Of sexual intercourse, and
under delssion that he could accomplish
that purpose without force and not against
her will. His purpose in going there, as has
been said BY counsel on both siies, 10 . mo-
mentous question for you to determine; be-
cause IL 10 not in controversy thar under the
common Law if death ensses while q person
10 in pursuit of an Unlawful design like that
of felony. and adultery in this State is felonv
then the crime would be murder. but murder
in the second degree.
You will carefully consider what did take
place at the time OF the commission of the
act and under all the evidence determine
With What intent and purpose he went there,
and whether he applied the violence to the
throat OF Mrs. Tuck in attempting TO per-
petrste the crime of rape and in order to
silence her oatcries and overcome her resist
enee 70 his attempt, or whether, as claimed
BY his counsel, he went there for the pur-
pose Of having sexual intercourse not by
force and not against her will, and after de-
sisting applied force 10 preyent her outcries
aud the detection of his presence there.
Ai!usion has been mAde TO the mercy that
would be characteristic of true and noble
hearted men 10 extend to fellowmsn, And
on the other hand allusion has been made TO
the fact that such an exercise of mercy would
be an encrosehment upon the pardoning
power OF this State. Gentlemen, il is one of
the grsndess spectscles of life TO observe q
free people, through its legislature. enac,ing
what are deemed by them 20 be wise, bene-
leent and just isws for the common protec-
ton of all, and then firmly, impsrtially and
fesrelessly. in a judicisl capacity, enforcing
those laws for the common protection of all
zach department. is thus independent within
itself Neither should encrosch upon the
department of the other. Your are to render
your verdict in this case not upon any as
sumption that the sentence will be modi-
ned or COMMITTED but upon the assumption
that 1t is to stand with all its con-
sequences to this respondent on the one
hand, and TO the integrity of public Law and
the vindication of public justice and the
safety of the community aud the lives of you
fellow citizens on the other You will per-
ceive, therefore, that consequences of the
gravsst moment must follow the conclusion
which yos will reach here. Appeals have
been made to your sympathy. Gentlemen,
the exercise of the feeling of sympathy 10 not
TO be deprecated when it does not Overwhelm
and control tue judgment, as it is characters
tic of all true hearted men. But the mo-
ment it does control the judgment il 10
performing an Office which has no
place in courts of justice. You may
indeed have = feeling of profound sympathy
for the beresved husband and the friends of
this unfortunate victim. You may have 4
Feeling of tenderness and of pity for the
memory of that victim. You may have q
feeling of sympathy for the unfortunate posi-
ton in which this respondent 10 placed. But.
gentlemen, your verdict must be rendered
upon the law and the evidence. 1t must be
so in obedience to the law, and to the require
ments of the testimony here that it will carry
a satisfactory assurance to the community
that whenever they move about their daily
tasks and when they lie down at night the
protecting arm of the government is over
them and the majesty of the law 10 around
them. The protecting arm Of the govern
ment is over them when you have rendered
that verdict according to Law. Human laws
are enacted and penalties imposed for the
special purpose of holding men up to just
sense of responsibility for their conduct, and
teaching them sslf-control under great temp
tation. The entire social structure which
has been reared upon the principles of reason
and justice depends for its maintenance upon
An impartial enforcement of all Laws. The
duty resting upon you is a grave and solemn
one, out IL mas come TO you unsouRht and
unbiddsn, and you will not leave it slightly
unperformed.
The Verdict.
The jury retired at six o'clock and agreed
on verdict in three-qusrters of an hour.
The court adjourned for an hour, converting
at seven o'clock. The jury came in then
There was handful of spectators in the room
who had come in to hear the result. and the
prisoners relatives. The clerk propounded
the usual questions, and at the close the tore
man announced that the jary had convicted
the prisoner of "murder in the second de-
gree" Young Baker did not appear in the
least affected, but maintained his impassive-
ness as throughout the trial. His father and
sister were evidently well satisfied with the
verdict
The trial OF Harry Burns for the murder of
Rufus X. Lishness. on the / It'll of November
will commence at 10 o'clock this morning.
Tor .rx1N