Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1886-03-02
SUPREME JUDICIAL COURT.

Frederick n. Frye. F'ysburg. ehal-
by defence.
Joseph =. Childs, Paris. challenged by
By defence.
David s. Cram. BrOwn6eld. excused ;
has formed an opinion.
Joshua X Howard, Hanover. ehal-
lsnged by defence.
Joshua Small. IT.. Andovsr. accepted.
SUMMARY;
Accepted. ~.
Challenged by State. /.
Challenged by dsfenee, l..
Excused. Is.
The cOar, appointed ]. w. SaneOrn. OF
Norway. foreman.
Tie Clerk then rad 10 the jury the
Indictment found by the Grand Jury
against wendall ). Foss. saying 10 them (;
This Indictment has been read TO the
prisoner, and he has said that be Is no,
guilty. Tie has thu, placed himself up
on the country. which country you are.
II you sni him guilty. say 90; II not
say % and 10 more
County Attorney wrigh, opened the
case for the State a, half.PAs, three.
Wednesday. occupying Aboa, one our
and a half.
lie s,ii some % you have been In
Attendance serving a. larOrs here Tor The
past ~ weeks. you have BEN engaged
I'M he tflal % causes very q fcrcni ron
The one yoa are now e~mpannelsd 10 Try.
fbose % YOU Who were drawn on The spe-
cll veulre have perhaps served on llries
before. but I doubt not TIA, n you hANen
h,d that experience that you knos what
he tuties OF such larcr- are. l douot
very much n you have ever been called
upon a case Ike this. IL has BEEN your
dutV 10 determine as between party And
pafty. and I have observed that you have
done hat tuy well. YOu arr nov called
un,n ~ pas. upon The guilt OF lnbOcsrce
o' the respondent Al the Bar, who l.
charged vita The crime % murder. loa
ars 10 determine The case beyond, wtAtl
termed In law, a reasonable tOuot Tbs
case CONES under What Il ceuomlnstd 10
common law - homicide. q therr are
dlrsrcui degrees % homielde. Murtsts
dsfn~i unter oar stsiutes - he The IN
lawful kllling % Altman being Win malice
afors,hought. express OF iuplied. when
murder Il committed with express malice
II Z. DEEMED murder In the nrst degfee
al p~uulshshie ~ death. When commit
tof otherwise II IL deemed marder 10 The
second degrve ami punishable ~ imprison'
meat or NE. II "a Incumbent upon TIE
STATE % prove The proPositous That thsy
set % beyoud What IL dcaominatei = reA.
soua1ls doubt. Now. q ~'rcasouahle doubt
rot mean beyond = possibility OF .
tount becausc we're II N D. carried 70
that extent II Night b. dlficuit - dsiefn.
Inc Almost any proposition. understand
q reasonable doubt % b. such a. q reason
abls mar. exercising be discretion, can
give q good. valid. substantial reason TOT
sutsftAluing. These questions belong
more properly Z the C0cft The taiy oi
he prosecuting oficsr Il % sec thai ihe
lAw. ar hlthfally sxecztef, - ar A. be
a He IL not In the position ofa perse'
cutiug of1csr ~ any means. llomiclds i
divided into lustaaele. sAeusaole AM id'
Ouious.
ia The town % Bfvwnasli. In thls
eouriV. on he en- DAY ~ January, issG.
there rssiici one tiarvile A Wentworth,
a nan somc thifiy eve 90 ~ years OF
A.. marriei ani having = hmily consist
lag a himself Ani wife and living wiih BIS
father and unmarried sister. MI.
wentworth was AZ home on hat DAY ~
TIE foftuoou. when The respondent aud
Charles y. Waite drove into The door
yari With a horse and parg. These prem
i.s. where NJ. Wentworth resides are
some Two mllcs from nrouuntli Centre
Al this 70 NJ The County Attorney enhlb-
it~s And explained o. The iary a chalk or
the weutsofta PREMISE "foss and
White STOPPED some twenty feet from The
mont door snd Mr.. foss's yoGngesi son,
some dozen years Oh. Who wS there,
cut frst. 20 where they were, aud
arsr they lad BEEN there some fes MO
utes. HArtille A. Wentworth came oat
from rs house. where be had been Al
wofk In The klichsp. Tie bad on 10 coat
ani had none on when be WAS Al work 10
the hlichsn tcfOro they cane lie cane
toward The puug AMI ukcd Mr. foss what
Be WAs there Tor. They bad some CONVEX
sAtion Asoui he matter, and Weuisoiia
directed Foss % leave bis premises fos
ia not 20. The request was repeated
several times. Bat foss r,fasoi - 20, and
Askcd wentworth shO owned The PREM
isss. Wentworth nnAily took foss BY .
collar and pulled HIN tosari The roai-
The distance was Abogi four rods white
Va attending % the horse and dii Dot
sec al that iook place between The par'ies
A. this time white will testify that ne
er., BE- saw % then when In The road,
weuiworh did DO; have bold OF foss,
bu, vas going from foss. backward ap-
n.reutly. and fOss vas following bin
quite rapidly Nth = knife In bis hard. lie
cane Along down The road Tor = short DIS
tance.-FOss following and using rough
i.nsuage. Then Wentworth went toward
he barn. keeping out % The Nay OF foss
when Foss returned 90 the pung be had
he Knife In bis hAni siill open. Oshef
witnesses wlll tssiify 70 The sane ihing
The witnesses 90 not tifsr materially a.
q whAi they saw and What o place
Wentworth hArnessed his team aud
drove - Browuneid 20 see The doctor
.hosed him The wound AMI INTERCEPTED
hin a. 20 tie probable results OF H. TIE
doctor directed him 20 20 immsdlaisiy
back 20 bis hOase and be woald come op
and attend 10 him. Wentworth retained
A. once. 10 bis home, Jay down upon a
lounge. ami Informed bis wife aud sister
What bad happened. fosss wife WAS A.
weutworih's. and she went away while
wsniworth was AZ BrOwuneld. Amer
wentworth returned home be grew rapid
Nv worse. when The doctor came be Was
m great pain. and not wishing 10 take the
rssponsiblllty alone. Dc. Shedd was sum
morei from Fyeturg Daring The Night,
ardlng that be wss growing worse. they
.ummOuei Dr. Gerrlsh from Portland
who arrived on the morning train when
be arrived Mr.. Wentworth Was dying.
lie died some twenty-five or si1 hours AZ
ter be was Injured.
- think We shall be able 10 show 10
you that there vas . revengsinl feeling OF
this man FOss towards Wentworth, and
that be had previously made threats
against WentwOrth's life. IL there, Was
there, OF can there be any reasonable JOS
uncation. when a nan Is removing anoth'
sr from bis yard, With NO weapons, 10 war
rant 80 harsh = means OF defsneeF
The follosing witnesses were called by
the prosecution and sworn by the Clerk {;
Maron Wentworth. Samuel wentworth.
Charles r. White. Edwin ID. Walker,
sullman q. Durgin. Eva Wentworth.
Mrs. NJ. A Kicker. Lorenzo ID. Rogers.
Dr.. ". l.. Gaiehsll. DE-. J. l.. Bennett.
Dr.. Towls. J. l.. Fhnk.
J. l.. Fnnk was frs, called and ,es-
tiled as 10 the chalk exhibited to the
-. IL N-ML