The Portland daily press., 1884-12-22
MRS. TUCK S MURDER.
John S. Baker Convicted Of Muir
der in the Second Degree.
ATTORNEY GENERAL CLEAVES'
ARGUMENT FOR THE STATE.

| SHO PAAnOACA was cOQQlLlOl Oh
mental weakness at the time of the killing
brought on by epilepsy. Evidence was intro
duced TO show that the prisoner had been suf-
ferlng from the disease or one approaching it
for about two years ending last April. The
prisoners father, sister, brother and physician,
DR.. Fl. G. Levenseller, who treated Baker
While In the State Prison, testified in regard to
this. The defence rested their case at noon.
At 230 this afternoon Herbert M. Heath
counsel for the prisoner in the Baker murder
trial, entered upon his argu nent. He held
that the purpose of the prisoner at the time Of
the killing was adultery, and not rape, thus re-
ducing the offence to murder in the second de-
gree. As further defence. the plea of epilep.
tic insanity was put in, but was not much re-
lied on. The delivery Of his argument occu-
pied an hour and quarter. At his close At
torney General Clesves commenced his argGs
ment for the prosecutions closing at five
o'clock.
He commenced by saying that grave ofrense had
been committed against the peace and dignity of
the State. The scene of the crime is in the county
| OF Kennebec, among people who by instinct, by
education and loyal lose for law and good govern
ment, have always viewed with adherence such in
famous infractions of law and disregard of its man
| dates. You have been summoned from among that
intelligent and law-abding people to sit here and
| determine the guilt or innocence of the accused
and as you enter upon this vast domain OF nvesti-
CATION, ne Authorization Is required from me to iI-
| press upon you the responsibilities that attach to
the duties you have assumed. Though serious they
| may be, you will remember that you represent a
community here that does not believe in or sanction
4 10
some respect left in the security of human life and
will not yet believe that you will sanction by yorr
verdict the illusion and visionary theories and senti
ments that have been advanced here in behalf of
/ this defendant.
This is the time or the occasion for us to in
dulge in imaginary fancies or through sympathy to
grope our way in dark Hess to nnwarranted conc1Us
| IONS. We're We to undertake to base a verdict in
tbise case upon anything other than the law and
the facts, we should deserve to be hurled from the
positions of trust which we occupy aud amid dis
grace and dishonor. This is a criminal court of JUS
tce where principles of law prevail. 1t is estab.
lshed for the enforcement of the laws of the State
against crime. Otfenses against life are tried here
not upon sympathetic feelings but according to the
rgid principles OF law, and when the jury vafits Or
departs cne-huddredth of han . breadth from the
true and conscientiousl tndingI of the facts they
diminish to that extent the security that the law
| gives to human life. The security of our people
from the lawless acts of violence ceAtres around
our jury system. You are one of the branches OF
TINS great government engaged in the admnstra-
lion OF the law You are not responsible for its en-
| actmnt. That belongs to the Legislative branch of
| tAe EOT6rnUenb. Ihey nave declared that 1t Is a
wise law; that 1t will serve to make human life
more secure.
We are not o consider here whether the penalty
ms cts our appreciation or not With that we have
nothing to do. If it is too severe there is another
| department OF this government that has the power
to commute reprleye or pardon. You will not I'M
dertake In any Indirect way, when you come pass
upon the degree that shall attach 10 this crime to
trench upon the powers that shave been assigned to
the executive branch. Meet your responsibilities
| they come. Do your duty to your feilowcitizens
to your State, to your community, here aud now,
and let the other departments OF this government
assume theirs.
most Infamous crime has been committed. A
/ young wife IN her house, surrounded by the
| joys of happy home; was the victim of q most
brutal and inhuman assault. Human imagination
cannot conceive OF more atrocious crime than is
disclosed by this evidence. 1t shocks the moral
sense of the whole community, and may well create
feelings of alarm and insecurity. This deed is al
most without parallel in the historyof crime 1t
discl0ses degree of degradation and depravity al
most beyond the realms Of human thought, and if
there is not Sufficient force and vitality in our sys-
TEN OF government, in our courts and jury systems
10 bring this prisoner TO punishment, We might
| we'll abandon all attempts enforce the statute
against murder in this State expel judges from
the bench, and our juries from the jury box and
let the community organize for the protection Of
their families ann their homes.
| For more than fifty years the laws for the pro
lection OF life have been wisely administered in
| the county of Kennebec, and, think we shal not
now, in the midst OF this violence and bloodshed
| when the hands of this prisoner are red with the
blood OF his innocent victim, nullfy the law, aud
bring dshOnor upon the administration of Justice
| came mere a stranger to this L had only
that knowledge possessed by other citizens of the
community had hoped that the circumstances
| would be SUCH that should be Justified in sa ing
to you that the State would not ask yourIhands
verdict of the highest degree. But with the law
before with these horrible details brought to the
light of day. with this evidence of delibeTation to
commit criminal assault resulting in the death of
this unfortunate woman. There is no intermediate
course for me to pursue.
L have no personal interest In this prosecution.
The violent of this RESP ondent have not taken
from me my friend, relative or acquaintance [
have no personal motive to crafty; nave only that
interest that Is possessed by all law abiding ctizens
of the State, who believe in the protection of life
and 10 moi sanction violence. am in your pres
ence not Tor the purpose of urging a conviction
against law, against evidence or Justice nor shall
attempt TO excite your feelings against this respond
ent. shall, however upon this evidence, appeal
to your sense OF honor and justice in the deternina
tion of this case. shall so tar applicable aud
proper, appeal to you coordinate branch OF this
government employed in the adminisrationaOf the
law for the protection of the lives of your citizens.
shall appeal for the sanctiTy and sscredness of the
home, for lhe security of the wives and daughters
OF the citizens OF this county and State against the
assaults OF the murderer and the ravisher; and
whatever may be your verdict shall have the sat
isfaction of knowing that have performed my duty
as unders, ,o0d it to the state aud citizens who
wish to 1--we in security under The law and be pro-
tected from such criminal assaults. Ii / believe
this prisoner under the law, and the evidence, is
gvilty of murder, shall not hesitate so to declare
BS no act of mine shall any law of this State tor
the protection OF the citizen be brought into disre
| pute or be nullitied.
The law declares that the presumption of limo.
cence is with the prisoner. He is enclosed in that
armor. Have we overcome that presumption? If
not what do you ask; what more will you require;
what deeds OF violence and bloodshed Will you ask
this government TO produce? 1t this crime is not
established, let us cease attempts to enforce the
criminal laws of the state and surrender to ths will
of its violators.
This indictment charges the crime of murder
Have We proved it? Ii not let this prisoner go free.
That he killed and murdered julia 4. Tuck cannot
be denied. That she died by his violent acts must
be conceded That this grief stricken man who sits
here, has been deprived of her love and devotion,
of her society and eonpanOnship, no disputes.
That his home has been turned from happin IS into
a house OF mourning is apparent. And yet you
asked in behalf OF this defendant fnd thai he is
not responsible for this offense and thereby bring
the law and administration of justice into dsrepute
VIII you do 1t? l will not believe 1t until am
forced to by your verdict
Ah it is said that this prisoner is not responsible
Tor this crme that he was not the instigat0r that
he did not conceive it, that he was by mental weak
ness incapable of forming an intent; that he had
not well balanced mind; that disease and frequent
attacks of epilepsy have weakened and destroyed
his intellectual capacity Defences Of this character
arenot unusual. They have frequently been sintsr-
posed and at times verdicts have be5n rendered
that were disgrace to the administration of JUS
tice in some States OF the Union and the guilty al
lowed to escape. The true Test to guide you is,
| could the prisoner distinguish between right and
wrong, did he have sufficient mental capacity to
know and appreciate that the act he was commit
ting was wrong.
Ezlhe evidence shows fair intellect, fair reason
ing powers and intelligence though not of the high
est and most brilliant ORDER and you cannot over
throw the tests that have governed judicial tribun-
ais for years, and adopt The crazy theories that
haVo beeninterposed here to obstruct the ends of
justice. II verdict of that character goforth
do not wish to be held responsible for its conse-
| quences. lhe propositions advanced are noun
strous and from WEIGH, Lien should shrink. There
was the design, the purpose, the intent and the
portunity on the part of this prisoner to commit the
crime. He embraced the opportunity aud went
forth to carry out his intent. And you not here
| to screen him from the consequences of his act.
The Attorney General then passed TO discussion
of the medical testimony relating to the mental
dition of the accused, and reviewed it at great
length. he also discussed the effect that should be
given TO the confessions introduced, claiming that
they were free and voluntary; that 1t was not to be
ments previous to the Trial told anSthiog against
himself other than the truth, and the confession
was corroborated in many particulars by other indie
pendent evidence.
The history of the accused in connection with the
crime WAS fully discussed. his acts and moYamants