The Portland daily press., 1885-02-06
THE END.


Thomas j. Libby Found Guilty of Muir
der i'm the Second Degree.
There was large crowd present yesterday
morning in the courtroom to listen to Judge
Bonney's charge. Judge Bonney commenced
his charge at ten o'clock occupying an hour
and half
Judge Bonney first defined the different de-
grees of murder and explained the rules Of
evidence applicable to the case He then re-
hearsed the undsputed fact of the tragedy
The first duty of the jury would be to ascer-
tain what produced her death. II they found
that Libby fred the pistol which produced
death they were then to inquire: Was he re-
sponsible for the act? and if SO was he guilty
OF murder in the first or second degree?
Any form Of insanity whether it resulted
from drink or other cause. provided it existed
to a sufficient extent to make the respondent
unable to appreciate correctly the moral nature
OF the particular act in question was a sufi-
eient legal defence. Drunkenness is not rec
ognlzed by the law as a species OF insanity
though delirium tremens resulting from drunk
enness is. The presumption of the law is in
favor of sanity, SO that when respondent sets
up the plea of insanity the burden of proof lie
upon him to prove it. The Judge then pro.
ceeded as follows
Now, gentlemen think you are in posi-
ton to consider the testimony in the case bear
ing on the condition of Libbys mind on the
morning of Sept. s, at the time when the fatal
shots were fired
Did he know that the act he was doing was
wrong act, and criminal act, and one that
he would be liable to punishment for doings
Was he of sound mind, in possession of his
faculties? Was he in condition of drunken
nesss or was he in a state of delrium tremenss
The replies you make to these questions will
also record your answer to the first general
question submitted to your determination,
which is-was he responsible for the acts
Testimony has been offered as to facts and
incidents in the life of the respondent which
have bearing, as his counsel claim, on his
mental condition, and his conduct, and actions
and words for several days Immediately pre-
ceding the killing have been related by several
witnesses.
In addition to this testimony as to distinct
acts, certain witnesses have been on the stand
who have been allowed to give their opinions
as to mental soundness on the basis Of certain
supposed cases.
While the law requires that Jurors shall
possess good moral character and such other
qualifications as the municipal officers shall
| deem best, and while under this law intelligent
men are always found to fill the panel, still
cases will be presented which possess features
impossible to be understood by person of
general information. For instance in the
progress of cause it may be necessary that
| the anatomy of the system, or the operations
| and peculiarities of the mind should be inves-
| tigated and understood A proper knowledge
| Of these subjects is not possessed by a person
l of general information. The law, therefore
| allows men who have made these branches of
| science special study, to explain the pro-
cesses and operations and give their opinions
| upon certain conditions as an aid TO the Jury
| in their difficult labors. Witnesses ordinarily
are permitted to testify only as to facts within
| their knowledge. But this class of witnesses
known as experts, are allowed to give opinions
/ upon Hypothetical cases submitted to them.
| Such testimony should be received and
/ weighed with great care and eau
ton. In the first place, the assumed state
offacts in the question proposed to the ex-
/ pert may not in substance correspond with the
exact state of fact as found by the Jury to
l exist, in which case the opinion of the expert
should not be considered at all.
In the next place the expert may exhibit on
| the stand an undue interest in the result of
the controversy under investigation, in which
case the value of his opinion may be of very
| little consequence. Or it may be that in his
/ zeal to promote the success of the party who
calls him, he may state an opinion so utterly
| absurd that even man of ordinary informa-
ton may see it. In the next place the ex-
i perts themselves may differ in opinion upon
the same supposed ssate of facts in which case
the force of such testimony is very much
Il weakened.
Il But in all cases you are ultimately to de-
Il termine the facts 1t is your decision from all
| the testimony that is to govern. Expert tes-
timony may aid you in coming to a conclu-
sion, but you are bound by the opinion of no
/ man.
In this connection there is one other class of
testimony to which / desire to call your atten-
ton. A dozen witnesses have testified that
during the years of their acquaintance with the
| respondent his character for peaceablesnes and
| quietness has been good. The attorneys for the
accused have argued that such a man, with
such character, would be less likely to infict
| violence upon another, than person of quar-
| relsome disposition and nature; that the in
| fiction Of violence by such man, without
special motive, would increase the probability
| of the existence of an insane condition of mind
| 1t is true that person, who has through a
| series of years been able to curb his temper is
| less likely to commit crime of the kind under
investigation. 1t it true generally, it is a mat
| ter of common knowledge that man of good
| character, man accustomed to obey the laws
enacted by society for its protection, is less
| likely to commit crime than one who is of bad
character. 1t is upon this ground that evidence
of previous good character is admissible.
But gentlemen, before you consider the
weight of this class of evidence you should
look into the whole case and ascertain from it
| the actual character Of the respondent. There
is other testimony in this case bearing upon
| his character than the testimony of the dozen
witnesses, respectable men as they are, as to
his reputation. Many a man of good reputa-
| ton, who stands well in the community does
have wicked and corrupt heart.
The respondent upon the stand has admit
ted, that through period of years, he has
been habitually addicted to the excessive use
of Intoxicating liquors. He has admitted
upon the stand, that he has had repeated Grim
inal connection with the deceased. He stands
before you self confessed adulterer-a Grim
inal liable to punishment in the State prison.
| It is for you to say. after examining all the
facts of the CASE whether the respondent is
entitled to any consideration whatever, on the
ground of good character. 1t is for you to
say whether, if bad character is proved, he
would not on that very ground, be more likely
to commit the crime as charged.
Now gentlemen, you will take into consid-
Grafton all you know of the life of the respondent
from his boyhood until 1.-THE fatal morning.
his conduct, his habits, what he did upon the
day preceding, and how he did it, what he
said and how he said it, his appearance, his
tremulousness, his sleeplessness, SO far as
| proved, his transaction of business and how
far his conduct indicated intelligence or want
i of it; all that all the witnesses have related,
| down to the moment of the killing; the opin-
ions of the experts; the testimony of the re-
spondent himself; whether the account he
gives of his periods of consciousness and I'M
Consciousness taken in connection with what
he did and said, is reasonable or unreasonable,
L true OF false; whether or not any motive ex-
listed for the act, and if so what motive; and
then determine his exact mental condition, at
the time when the deadly shot was fred.
Tho rocr,ondornt,r nn,1rnrol oln;,,, 4Ia4 4bn 90