Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1884-11-06

defendants and others BY concert OF action,
arranged TO perpetrste prsctical joke upon
one OF their comrades that they agreed to-
gether with Brown 10 go to an orchard for the
purpose OF taking fruit, Brown surprising that
that was the purpose for which he agreed with
his fellows, while all the others who hal 50
agreed, had secret purpose and intent, which
was kept from Brown: that, instead of going
there for the purpose of robbins the orchard
they were going there for the purpose OF
frightening Brown with gun: that in pur-
suance Of that purpose, one OF their number,
Presley, went home for the purpose OF getting
his gun. one other Of their number first refus-
Ing TO 90 and get his gun FOR the reason that il
was loaded with shot; that Presscy went to his
home aud obtained his gun. and repaired TO the
orchard; that Brown, suppo>ing that the rest
OF his fellows were to accompany him to the or
chard for the purpose of getting fruit, went TO
the premises and that then while he was there.
the intent and purpose that by the use and
discharge OF the gun, Brown was 10 be terrified
and frightened: that the Others were To run,
and to enjoy the sport Of seeing Brown fright
encd. Why Brown should be- selected AS the
subject Of this action on the part OF his fellows.
you will judge.
Gentlemen, that was an unlawful act. | in-
struct you that these Young men had no right
10 agree together to accompany Brown to an
orchard ostensibly for the alleged purpose Of
/ getting fruit that one Of their number might
then and there frighten him with his gun. and
/ II you find that such was the purpose, and the
intention OF these defendants. or any OF them,
/ instruct YOU that on the part OF 80 many rs
[ you find had such purpose aud intent. II was
an unlawful act; il was an unju,tifiable act;
/ it was an act which they had no ri,h, 10 do.
and. while perpetrating that act, II YOU find
that Brown. instead of being frightened wa.
killed, then instruct YOU that the defendants.
50 many of them n had concerted and agreed
10 that act and were parties To il. and were
present. aiding and abetting in the perpttra-
ton and carving out OF il. would be guilty Of
manslaughter. II they intended Ia shoot
Brown, or to do him bodily harm with the gun.
( il would have been murder, either in the first
or second degree. but the very reason that they
had not the intent ~ harming Brown. hut only
Of frightening him. reduces their crime to man
slaughter. because granddaughter Is the iaAin.
OF the life OF another without Justification
]
tcrmnc how many 81 these defendant, agreed
together and concerted to do this art: how
MANY Of them were present. sidinE and a5,t-
tins. and - many were are liable cqually
with Prc,>ey. although he was the immediate
cause Of the lra,h ~ Brown.
II has been said 10 YOU that othcr> were
equally guilty with those who stand here
indicted. II may b. 80. should fcrl greater
satisfaction hal all the youn; men who were
engaged that act. been indicted. bn: the Of
fcer Of the Government. who ha> arge 81
the prosecutions. has not seen Ill to eau-o an
indictment. 20 far a. am swar,. e b. pr
scented here against them. Al any rate. tile
grand jury have failed 10 present ans Others a.
charseahl" FOR thi- offence. That fac; mus,
have no inhuenrc upon Your minis. II IS
your ,lu'y Aul mine. 20 try ihr-c mem. and de-
'"rmine whether or not ihny arc quilts. Or
whether or not their act, were cNru>ablr ami
ju>iifabc. W. hasr nothing L. 10 with wha,
justice msy be- ,lur 10 "thcr- it may De- melted
out 10 them hereafter: IL j. presumed that j,
will be. | in not know what cour,r viii b.
iah in regard To that. NOR j. i pertinent iha'
W. should know. II & sufficient for u, 70 deal
with such a. DO stand ., ihi- bar. indicted a;
the hand, Of the grand jury
Geujlpmen. II la, been >ad hy the counsel
for the defendants that ihi- agreement. or. 81,
the learned counsel ha- -c.n lit 10 term II.
conspiracy. wa, AZ an rul when BROWN WA
confronted with rrp>>-y with Ill gun. R-rol-
lcct. thai. il there was any agreement about Il.
the stale claims that II wa. an agreement 10
terTifv, to fri-htcu Brown r,collcci tha' il &
claimed by thu >tac tina; >,ct, after lis
charging the -uu In the orchard nth the ALL
% -omc 81 hi- fellows. came nut You has.
heard what word, ~ hpI,tin- Or hrAs.idoeip
Brown used. Perhaps II W., the Iurpo.c -
these Young men. on account Of the character
Of Brown. or his susceptibility 20 fright. or
for some other reason. 10 ,..lcrt him a. thU sub
ject Of This joke. Il matters not what that
was. The GnNrrnm, claims tina: Presley
then crcpt out 81 Tho orchard in The night time
in the dark, and cr"p, alon- under the he'l-e /
snd jumped up in front Of Brown, making /
some remark. such a. "Rnys | have got vou" (
what II Wa you will jude. that The other BOYS 4
ran. hut Brown jill no, that the other bow !
knew that It was Prc>scv. You will deter /
mine whether or not Brown lid know who Il I,
wa. or whether II was INTENDED, ;ha, h. should |
know who II wa, and whether or not. when |
he was confronted by man. standing there I
with 4 gun. near % him. he was terrified. and /
whether or not BY reason Of fear he grabbed |
the gun. suppo-ing that harm was intended 10 /.
him. Gentlemen. II he supposed that harm
WAS 10 come To him by reason Of that sudden /
appearance OF PreS>ey with hi gun. and after /
having heard The Gun discharged in thc orchard. |