Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1884-12-22
FOR LIFE!
John s. Baker Convicted of Nur-
der In the Second Degree.
The Jury Agree in Three Quar-
tiers of an Hour.
The Arguments, Judges Charge, Verdict,
in Half Day.

Saturday was the second day Of the trial of
John 5. Baker for the murder Of Mrs Newell
Tuck Of Albion. The day was intensely cold
and owing to this, perhaps, the number of
spectators was less than on former DAYS.
Mrs Shorey, sister Of the prisoner, was
present
A. o'clock, 4. W.. Mr.. Heath opened for
.he defence He said Your minds in this
case are not 10 be perplexed OF confused by
the several kinds Of legal malice The
county attorney has told you that he would
not endeavor 20 prove malice. He has read
10 you the statute in regard to murder in the
first degree. IL was necessary tor him to
prove to you that the crime Of murder In the
first degree had been committed, and on the
definition of murder in the first degree the
prosecution seeks to rest its case.
II must have been apparent to you. gentle
men that there must be ether Law besides that
stated 10 you bv the prosecution. Yet this
law is so familiar that | feel confident in
stating it. Now gentlemen, under the common
law, if person killed another while in the
commission of felony it was called murder.
If man kill while in the act of felonious
crimes such as rape and burglary, he
gree under the present statute.
Now apply it to these cases against woman
II man kill Il woman with desire to rape
her. it is murder in the hrst degree; if he
kill her with the intention to commit adult
cry, it is murder in the second degree, apd
the crime is punishable by imprisonment for
life. What you have got to decide, gentle
men. is, if the intention of this man in kill
ing Mrs. Tuck was to rape or did he intend
to commit adultery. If the former, then you
are TO render verdict in the first degree ;
the latter, in the second degree. Now comes
the question, what was the manner of kill
ing? You should understand that it is not
the bare act OF killing, but the manner Of
killing that determines the verdict and SEN
tence of the prisoner. You can surely see
that he is not bright, and shall show you
what has brought on this condition of the in
telect. shall show you that during the year
and half previous to last April,
the prisoner had % attacks of epilep-
sy, and they were most peculiar at
tacks. Not such ordinary attacks as we
have seen, These attacks lasted from
one half day to seven. During these days
he lay in perfect condition of unconscious
ness, not drop Of water or morsel of food
passing his lips. About one-hfth of this IS
months were passed by him a comatose
state. Since last April he has had none of
these attacks, but instead of these periods of
loss OF consciousness, he has experienced
"wild spells" as his father calls them. These
blows striking upon his mind, so rapidly
following one after the other, have brought
upon him this condition of imbecility, which
you have seen in the prisoner. While In this
state of mental weakness that wretch of a
Robinson. who does not dare to come here
to-day put into his mind the idea Of approach
ing Mrs. Tuck. l shall simply put to you
the story of this poor boys life and affection
and leave II to you to determine what shall
be the punishment.
The counsel did not deny or doubt the
truthiulness of Bakers confession, or that
Baker was the slayer of Mrs. Tuck
William ID. Baker, sworn testified; Am
father of the respondent at the bar; he is
twenty-five years OF age during the last tw %
years, myself, wife, daughter, John and
another younger son have been members of
my family; have another son who resides in
Massachusetts,; my wife is not able to come
as a witness here; two years ago | noticed
an attack of sickness coming upon John in
the shape of fits; the first fit was in Novem-
Der, and it came on In the shape of stupidity (;
for eight hours he sat in his chair and would
not speak when he went to bed he continued
in the same dormant state, remaining thus for
six days, not touching food or drink, not
withstanding we offered both to him; the
fits appeared once in three weeks, on an
average; the longest interval between the
fits was six weeks and shortest 10 days: they
ended last April the longest one was seven
DAYS and shortest about four; after the at
tacks he would be very much exhausted !;
since last April he has had what | termed
wild spells, at about the same time as the
Ets. ,Uhan tbaaa
on, he would sit all day in brown study,
cutting his finger nails with a knife, and
picking his hands; few DAYS before the
murder John had one of these wild spells and
another shortly afterwards, the effects of
which had not fairly passed of when he was
arrested.
Cross-exdmiRatioH. Kept record of these
fits in the almanac; John would lose all
recollection of time during the attacks, and
upon recovery would often ask the day of
the week told me that he had ct while at
Thomsston, and the officers were obliged to
pat him in irons he would have twitching of
the body, and would grosn when passing into
the stupor; his limbs would be crsmped, and
| could not bend them more than as if
they had been made of csst-iron; during
these wild spells, since last April, he would
look hsggard, but would not fall asleep as
during the fits; saw manifestations of vio-
lence twice after he went to bed
Mrs. Anna j. Shorey sworn, testified Am
sistenof the prisoner; have lived at home
part of the time for the past two years; have
worked out sewing part of the time; have
seen my brother in these fits: he would sit
down in different places, sometimes in the
house and at other times out OF doors; there
would be two or three days when he remained
in this stupid state; would finally go to bed
and lie until returning to consciousness; rec
ollect once that it was three days after he
hegan to rally that he was able to come down
stairs; when he came out of his fits he would
ask for drink of water; since last April has
had wild spells in place of the former attacks;
We called them wild spells because he looked
Wild; was at home at the time of the murder,
and few days previous and following
Cross Examination During the past sum-
mer John has worked about on the farm and
has been a trusty boy; always obeyed father
and mother; john drove the horse to the
village four miles awav; he always did an
errand faithfully and correctly; John came
home about two years ago last September.
Bert Baker testified: Am a brother of
John Baker; is years of age; have been at
home most of the time for the past two years.
The witness testified substantially in &C.
cordauce with the other witnesses, as to the
fits.
DIR Wilson recalled: was called