Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1886-03-09

require should be discharged truly and
fairly to be sure, but firmly, faithful,
and fearle'.ly.
The crime charged agsins, the prisoner
=, the bar IL one Of the graves, known ic
our criminal Law. The fact that IL Il
ore 90 gravs Is properly urged upon yol,
and in one sense only can that be consid'
cred important. and ,ha, Is In calling for
your mos, careful and deliberate oonsid-
Grafton Of the case The penalty attached
TO the oaense i one that neither you moi
| have anything TO do with. Neither
you nor are In any degree responsible
for the penalty attached TO the crime
charged. Ours l. government OF Law
which ,mana,es from the people. The
Constitution has divided the powers Of
the government, into distinct departments,
the legislative. executive and judicial
and. as a rule, no person belonging TO
one Of these departments shall exercise
any Of the powers belonging to either CT
the o,heu. The legislative department
makes the law. defines crime and ii,es a
penalty for the violation OF those laws
and whatever may be the views Of any
one Of us in relation TO the penalty or
puni.hmen, fixed by the Legislature. Il
/. no, Coz US TO consider Il here. bu, 10
carry the law into effect and administer
IL. These duties We mus, discharge a,
all hazards. whether painful OF agreeable.
Neither manhood. nor honor, nor the re-
s,rainu Of conscience. nor the solemn
mandate. Of the Law. allow us TO decline
or hesitate in their performance. Before
proceeding in the Investigation on your
part. gentlemen. Of the facts developed
In thi. case, |, bseomss my duty TO give
you some Instructions in relation TO wha,
the Law i.. applicable TO these facts a.
you may find them.
In the frt place, the law presumes
every citizen charged with crime to be
innocent till be is proved to te guilty be-
yond . removable doubt; aud every ma
,erial allegation Of the governments CON-
plain, mus, be proved. In civil actions
Issues b,,~,en psriis. ate Determined up
on q preponderenes Of ,vilenee. 10
criminal transactions. the law i' 30 care
fal Of the life and liberty Of a citizen ,hA,
every material allegation mus, be proved
beyond any reasonable doab, IN the
mind. Of the jury; proved beyond a
reasonable doubt. because II a reasonable
doub, remain. in the mind Of the jury,
the fact !. no, proved. Now. what Is =
reasonable doubt, |, Is no, q mere pos
.ible doubt. The term i,'elf i' the be,,
d,fini,ion. perhaps, ,ha, can be givsn. II
/. no, /. mere possible doubt. because
anything relating TO human Affairs may
Adni Of a possible doubt. The evidence
mus, establish the truth of the allesa-
,ion. 10 reasonable certainty that con-
vince. the understanding hnd satisfies
the judsmen, Of reasonable man. BE-
yond a reasonable doub, does no, mean
beyond an unreasonable doubt. and no,
beyond possible doubt In other words,
beyond a reasonable doubt mean. tha, u
require. full proof, such As 10 fully salts
iy the mind Of the guilt, 80 ,hA, in de-
claring I, you may feel that YOU simply
declare the truth =. !, has been proved to
you.
Now one word. gentlemen, in reference
20 the death Of Harville A. Wentworth,
the patty named in this indictment.
Duriag the examination Of the medical
wl,nss.e. introduced by the government
and who testified In reference TO the
wound upon the body Of the deceased
some sues. was placed BY the defence
upon the question n 10 whether there
had been proper medical Treatment Of the
wound inflicted upon the deceased. Up
on this. | in.,rue. you. tha, while !, Is
necessary for the governmsn, TO satisfy
the Jury ,hA, the wound wa inilisied ey
the defendant. and was the cause OF the
death Of the deceased. ye, II ,hA, wound
wa. unlAwfully inhic,ed. and was the
immediate cause Of his death. !, s no de-
fence upon ,ha, Aeeoan, alone ,hA, the
deceased nigh, possibly have recovered
IL greater care OF ,kill had teen exercised
in the treatment Of such wound.
The crime charged in this Indictment
Is murder And murder rs defined By
the statute Of our State. !, the unlawtul
killing Of q human being with malice
aiore,hough,. either express OF implied.
And now, gentlemen, a, the outset. viii
say 10 you that. under this indictment, II
|. eompe,en, for you to find the prisoner
guilty Of murder In the irs degree OF
OF murder in the second degree; or OF
man,laugkier; or not guilty generally, a
you find the evidence shall warrant you
in doing. speak Of this a, this stage,
90 you may the better understand and
apply the evidence In your minds as |
shall proceed to define the diaeren, crimes
and lay down the principles Of law for
your guidenee. and TO which !, becomes
your province and duty to apply the
facts.
The first elemen, in the definition that
I have given 10 you Of the crime Of mur'
der, is the willful killing Of human be-
ing; that mus, always be proved In the
crime where murder is charged. To con-
.,i,u,e the crime Of murder. ,h,re must
always be proved. as another element'
thA, the unlawful killing was done with
m.laee afore,hough,. either express OF
implied. Now the inquiry that arises al
,hi. point Is, what is the meaning OF the
term malice aiore,hough,. as used in this
definition. will say this. gentlemen,
tha, the word malice, as here used, Is mol
used in a general or popular sense. indi'
eating mAleyolence. Ill will. hatred. or
desire for revenge bu, on the other hand
|, Is used in legal sense. and the dsfiai-
ton which our courts have given to this
term malice, as embraced in the crime Of
murder. Is this: Malice, in the legal
sense, denotes q wrongful &C, done In
ten,ionally, withou, JUS, cause or excuse
This |. the mos, brief. tere aud eompre.
hen.ive definition Of malice. In its legal
sense, tha, can be found in the books
|, /. not, as 10 ordinary speech. only AZ
expression Of hatred and Ill will to the
individual, bu. means any wicked OF
mi.chievous intentions Of the mind