The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-01-07
THE BATH MURDER.
W1lkerson Found Guilty of Muir
der in the First Degree.

Judge Libbey's Interpretation of sise New
Law Possibility TINT the Case will be
Carried TO the Law Couss on Exceptions
BATH, Jan. 5-The last day of the trial Of
Daniel Wilkerson for the murder of Policeman
Lawrence was more favorable to good attend
ance than the others. The influence of the
warmer weather was very noticeable upon the
audience that assembled at 9 O'clock, tho hour
to which an adjournment was taken. The
young people who had been drawn to the
court roo4n by curiosity gave up their places to
the older people, and more interested audi
ence than had previously assembled. AS soon
as court opened Mr.. Heath, counsel for the re-
| spondent, began his argument, which occupied
two hours in its delivery. During this time
the foreman of the jury, Mr.. Daniel Green. had
i'll spells, and was compelled to leave the room
three times, thus causing considerable delay in
the proceedings. Mr.. Heath in his argument
| reviewed the circumstances OF the shooting,
and dwelt with especial emphasis upon the
sensations that caused the prisoner to draw his
|
claim that be made Was that the weapon was
not drawn till his pursuer, Officer Kingsley,
had fred his revolver at him. The prisoner
drew his revolver in self defence. 1t was
claimed that no malice was shown, and it was
| incumbent upon the State to clearly prove the
| particulars of the murder IF the elements of
express malice have not been clearly shown,
the verdict must be murder in the second de-
| gree.
| Attorney General Cleaves began the closing
| argument for the Safe at IL O'Clock, and
closed at u 80. He said that it was grave
responsibility that required him to urge the
conviction of the prisoner at the bar of crime
punishable By death; that he was not here
from choice. nor were they, and we would all
gladly be relieved from the performance of
these grave duties. But there are certain re-
sponsiblities resting upon all good citizens who
desire the enforcement OF laws and protection
OF society, and you are here in the performance
of these duties, and you viii not hesit,ts to
dfcharge them fearlessly, and il the evidence
satisfies you within the principles OF the law
governing the case of the GU lt-of the prisoner
you must fearlessly disclose it, II is claimed
the ife of VIM. Lawrence that there was no
premeditation or purpose to kill and murder;
but the testimony shows that there was IRENE.
dItztfon and design; thatsaays- -pseviaas-te this
murder the prisoner started from Portland
with his companion for the purpose of break
ing into stores and committing larceny; that he
ives armed with dangerous weapon intend
ing to rerist all oppos ton, and ii necessary
4 ffasfs[l J.
who might Interrupt his progress ;tiiat in pnrsu
ance Of that formed design he came tt Bath
brose g into the store on Commerc'sl street, and
n etfscting bis escape shot this officer, Vho
wss preserving the public peace.
The Attorney General declared that tho IN
strunent of death found upon the trsoner, the
TACT that he drew lis revolver and was proceed
ing along the street IN his fight prepared TO
take life, was evidence of s formed design.
The weight of the admissions OF the prisoner
when arrested at Bangor, his purchasing a
paper the next day after the murder and read
ing an account of the brutal deed he had GEM
mitted. was fully discussed, and Mr. Ceaves
argued that the evidence in the case and cir
cums'ancts surrounding the prisoner concIu-
stvely show that he had no more respect or re-
gard for human ife than for a wild beasts Of
the forest.
The Attorney General continued to review
the evidence as bearing upon the question of
malice arguing that 1t was plain picture IF
troll was never more absolute than at tho time
of the commission of the crime ;that he iptsnd-
ed to murder officer Lawrence that he did
and no palliation or excuse for the awful crime
had been offered.
The Attorney General urged upon the iurv
to fearlessly do their duty; that they wero not
Y tSresponsible for the law, but would be held re-
spoDsiSlses fer its execution.
At the conclusion of Mr.. CJl.eesves' argument
the prisoner was remanded and court adloUss (
| ed until afternoon. AZ
Judge Libbeys. Charge.
At 80 psn.aJudaesf6b began his charge
the fFy, which occupied an hour in its de-
livery. In his opening the Judge commented
upon the individual responsibility the passage
of the law had placed upon all connected With
the trial, and which could only be met by the
performance of their whole duty He then de-
faed the siatute and the provisions expressed
therein under which verdict of murder in the
first degree could be obtained. His charge was
clear and his explanations of the law full aud
impartial. The legal definition of malice
aforethought was given as denoting wrongful
act done Intentionally withou, Just causo or ex-
cuse This IS the most Comprehensive defni-
tion he had been able to fipd. 1t means tho
wicked intention of mind, and when the law
makes useof the term it means that the act
had been attended by euch circumst ances as
will indicate malevolent purpose and heart
bent upon doing mischief II is net necessary
to constitute the crime OF murder to show
malice as existing against tue person killed.
far If the prisoner formed purpose TO Kill A,
and aimed his gun with the intention of kill
ing a, hat misses his aim and kills B, HI is
guilty of murder, for his purpose is wicked
one and indicates licked mind The statute
ei 5ided murder into Two degrees. To const--
tule murder n the first degree it is necessary
for the government to show heyond a reason
able doubt that tho murder vas Committed
/ with malice aft rethought expressed, not inn
pied What is expressed mallc.? 1t is malice
proved by the evidence in the case submitted
to the jury Implied mslice is where the Law
implies it from tho Character of the act. In
both cases the purpose must have been deliber-
ateiy formed for some appreciable length of
lime. There is no question raised in regard to
the mental character of the prisoner The
theory of the State is that the prisoner started
out upon an unlawful enterprise with person
named Elliot, and that before starting he par
chased a revolver, and that revolver was fully
charged. And it is claimed that when he
started he had formed the purpose OF arming
himself that he might be prepared to prove Mt
apprehension and arrest. On The other hand
it is clsimed he had no design Of killing any
one-lhat his act was caused by Officer Kings
ley firing his revolver. What the peua ty
would be IN either case was defined at consid-
eranie iengVh ny tne y unge, ana the case given
to the jury at 2.30 o'clock.
At four o'clock the jury came in and report
ed that they had agreed upon verdict of muir
der in the first degree. This announcement
was received With marks of approval by the
audience, whose sympathies were evidently with
the murdered man.
The prisoner did not seem to be moved in the
| least at the verdict, snd when he was remand
ed for sentence by the courta smile was visible
upon his face.
On the first ballot the jury stood ten for
murder in the frsu degree, and two In the sec
ond degree.
Counsel Heath says he will make motion
for new trial and a motion 10 arrest of judg.
mott, and exceptions and the case will prob
ably be carried up to tho law court, which
| meets in ,JulV.