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


escaped him. Gentlemen. what are we to do
prejudices are, or what you think or believe,
il 10 your duty to render verdict in accord
ances With Law and evidence.
We are all subject to error. and if the OH
cers erred. ii is no reason whv they should be
shot down when we are satisfied beyond .
reasonable doubt, when the evidence 10 con-
elusive bevond doubt, then our duty COM
Tnences. don't want Won to thii K am af-
ter this name blood. If he is guilty. we
must all stand here like giants. and if the
Law saws he is guilty.. You must render . YER
dict accordingly. Now gentlemen, take the
evidence and render a STRAIGHTFORWARD yer-
dict which shall do Justice to the prisoner
yourselves, and be in accordance with the
laws of the land.
Mr.. Haines occupied about an hour in de-
livering his argument, speaking with much
clearness and force. His effort was an able
one, and he spoke with telling effect.
At is, the court adjourned to 2 O'Clock
P. NJ.
AFTERNOON.
At o'clock, Judge Whitehouse COM
menced the delivery of his charge to the jury,
He spoke rapidly yet distinctly. Following
10 an abstract:
Judge whi,ehouse's Charge.
Gentlemen of the jury
You have not failed TO be admonished by
the great care and elaboration which have
characterized the proceedings in this trial,
that duty Of no ordinary character rests
upon US all. The prisoner at the bar stands
charged with the highest crime known to the
laws of nature and civilized society. Tho
indictment charges that he wilfully ,telonious-
ly and of his malice aforethought, killed and
murdered one, Thomas Malloy. Yon will
perceive at once that it is of the highest pos
sihle concern TO the future destiny of this
prisoner on the one hand, and the safety of
the community the integrity of public law
and the yindication of public justice on the
other. that you should calmly, intelliyently
and impartially weigh all the evidence ad-
duced before you, clearly and accurately
comprehend the rules of law given to you
and fearlessly and unshrinkingly apply them
in determining what degree Of guilt and
criminality must under the laws, be imputed
to the conduct of this deft., on the occasion
of the shooting. You will not fail to remem-
Der that courts of justice are maintained for
the purpose OF discovering and fesrlessly
declaring the truth as it is given to them to
ed.
The prisoner is presumed to be innocent
until he is proved TO be guilty. The mere
fact that he has been placed at the bar for
trial raises no presumption of guilt against
him. 1t is presumption which means some
thing. He is presumed to he innocent, and
the burden is upon the government to prove
his guilt beyond a reasonable doubt. Ii j,
incumbent upon the government to give you
full satisfaction of the guilt of the accused
so that after hearing all the evidence you
feel that you do him no injustice in render.
ing verdict against him, you have ar
abiding conviction amounting to a moral GER
tainty of the truth of the charge.
After reading the statute defining the diff
ferept degrees of murder the judge continu
ed 4 Murder is the unlawful killing of hui
man being with malice aforethough
either expressed or implied. 1t is competent
to prove actual malice in the popular sense
to show that there was actual hostility
enmitv, ill-will, desire for revenge or desire
to injure, as tending to show with wha
intent and purpose, with what elaboration he
acted. But it is not indispensable. II is moi
incumbent upon the government to prove
malice in the popular sense. As used in thi,
definition the word is indicative of any act Of
an unlawful, wrongful or wicked character
done willfully and purposely to the injury OF
another without lawful cause or excuse; any
oct flowing from a wicked and corrupt mo.
tive; any act under circumstances indicst-
ing a heat regardless of social duty, and ia
tally and deliberately bent upon wickedness
and mischief.
Now what is the meaning of the word afore.
thought? Aforethought means that the ACT
must be thought of and determined upon be-
fore it is committed that there must be some
elaboration sufficiently full to form the pur-
pose and design. The law does not REQUIRE
snv definite or considerable period of deliber.
alton. single instant, under some circuul-
stances, may be sufficient to form the wicked
purpose. If a person fully forms the design
although only an instant before, to take hui
man life, and carries that purpose into execu-
ton without lawful excuse, then malice afore.
thought is found to exist; and if he takes
life with a sedate and unrutfled mind with a
specific and deliberate intention to take life
it will be express malice aforethought.
You will perceive that in this definition Of
express malice have used the word sedate
Express malice is defined to exist where one
with sedate mind and fully formed purpose
and deliberate intention, takes the lite of a
human being. What does sedate mean? Ii
means calm, composed, unruffled by passion
There are cases where upon just provocatiou
there may be such a degree of resentment
such violent passion aroused by that provo.
cation that the mind of the person is not
sedats, is not unrutfied, is not composed II
is not in that condition that will enable him
to reflect upon the design or fully compre
bend the nature and consequences of the act
But you will distinguish between this provo
cation which have spoken of as Just prov
ocstion, aud that for which there may be nc
occasion. Suppose, to illustrate, a thief is
carrying away stolen property and he is
intercepted by an officer. He may feel a
degree of resentment, and form his stand
point, proyocation at being thus failed in the
attempt to carry away the property; but il
the officer was in the discharge of a legal
public duty, it would not be such provoca-
ton that any resentment or passion arising
from it would not be considered in the law
rs disturbing, discomposing and ruffiing the
mind of the party to such an ex-
tent that the deliberate killing of the
officer to effect his escape would be
reduced from murder in the first to the
second degree. 1t is a just provocation, a
wrong, q grievance which Justiies the person
in entertaining feelings of resentment vio.
lent passion, and if under those circumstan-
ces he is in such q mental condition as to be
honestly incapable of rejecting upon a de-
sign and of comprehending the nature and
consequences of the act, but is suddenly i'm