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


ually prevent such harm. because Il IL
only on such occasions, gentlemen, that
the use Of q deadly weapon can be jasti-
fed. or tha, life itself can be taken. Now.
I leave these questions Of fact for you to
take into account the surrounding cir
eums.anees at that time aud place, and
cay whether the acts Of this defendant
with the weapon which he then and there
had was reasonable and proper. and
whether he was under such apprehension
Of serious bodily harm tha, he Was justi-
fed In the use Of that deadly weapon.
and whether l, vas q deadly weapon OF
not. Gentlemen. I leave these questions
Of fact to you. Take into aecoun, The
surrounding circumstances. What. ffom
the evidence vas the object Of the de.
ceased In coming to that sleigh; wba,
vas hi. motive. and then say whether OF
not from VIA, va. then aud there mir
rored 10 you In the evidence that has
been brought on, before yor, this per-
sou who has been auaigned here vas
justified In the use Of the weapon that he
i. said TO have used there. and say. upon
your verdict. whether or no, he was jas
tilted In % doing. One branch OF the
defence ,hs, !. sc, up here IL ju'tihcst'on.
in .elf. defence. Nov. gen,lemeE. say
10 you Il I. for the jury TO say whether
upon ell the surrounding eireum'snei'.
ss they are brough, on, here. this re'pon-
dent was or vas not, justified on that oe-
ea.ion. The grounds mus, be made 20
appear ., the trial. aud the jury mus, be
satisfied tha, they are reasonable ground.
upon which to found an apprehension OF
a design to COMM, . felony upon this
defendant. OF TO do him .ome serious
bodily harm. In deciding that question.
gentlemen. you may take into seooan,
What va. said q, the time Of this aiifay,
Via, vas said by the deceased as he
came 10 the sleigh. wha, motive he had.
as expressed q, tina, time 20 this re'Pon'
dent. Did be. OF did he not. In bis ei-
preston. q, that time. indicate ,ha, he
va. aboa, 10 COMM, ,erioa. bodily harm
upon ,hi, respondent. OF WAS Il ,hA, he
simply ordered him 10 leave bis premises.
You may take into aocoun, the evil
dsnee. and consider The relative situation
Of the two parties OF the time OF ,hai
ARRAY Your a,ien,ion has been called
TO the fac, ,ha, this defendan, ooali 20,
have acted upon reasonable grounds OF
fearns serious bodily harm TO himself.
because as be has testified here. ard how
ever that 10. i. for you TO ds,'rnise.
gentlemen. When be w.s being canned
down there. be said that be Supposed that
be va, 10 be only carried 10 the limits OF
the highway. Tha, has been urged upon
yoa on the PAT, Of the govsrnmsn,. that
there could have beea no such a fear on
the part Of ,hi, responder, on account Of
What b, has detailed 10 you Vas 'sii a,
ih., time and on ,hs, occasion. You
will take into account, the evidence given
her, upon the stand Joa -ill sl'o lake
into aeccun, ~ha, "a, slil by the de-
ceased 20 him When he ordered him 70
leave hi. premises. Are you satisfied
iha, ,ki, deceased Wa Abou, 10 carry
into execution upoa ihi, defendant any
.sriog, bodily harm. OF ,ha, the defend
AIT himself "a. reason big aPP'etsn'ive
Of any ,erioa. bodily harm being COM
mi,,ed upon him, because. gen'lsnsn'
,h., i, a question Of fact Zoe you TO de-
,srmins. Nos. | leave til, question for
you. You have heard ell tie evidence
in regard TO VIA, ,rAn.pired on the 9Th
day Of January. and !, /, nov q question
Of FAC, under the rules Of hw ,ha, have
given you. and a. | have said. rsmsm'
tsrinE your duty az you are ssorn to DO
Il; remembering the right o. the eiiirsn'
Of ,hi. State and the true administration
Of Justice (; a. veil =. remembering the
rights of the pfisoner. you should act
frmly and iesflss,ly. The counsel fof
the State and The counsel fof the prisoner
have discharged their respective duties
ably and 9TH marked aud distinguished
ability. have discharged mine a. best
| could. |, DOW remain, ior you 10 dis
charge yours as you have ,worn TO do u.
kno~ /, will be Jo1r pleasure as well
q. your duty. 10 discharge that duty
fssrle.,ly and oo~ursseou'ly ~i,hoa, re-
gard 10 results. You mus, carefully.
eon.eien,iou,ly and thoroughly ascertain
the facts, and then firmly aud feafles,ly
DO your duty and return sseh = verdict
q. the case requires. II. when you come
in. you End the p%ri,onsr gvil,y OF mur.
der in the Gre, degree, your response will
be guilty Of murder ia tie frs; degree.
Hin the second degree. yonr response will
be guilty Of murder ia the second degree.
II no, guilty Of murder. and yoa ind
him guilty Of m~an.lAugh,er, under The
rule, Of law As given you by the court,
your r,,pon.. will be guilty of man.
slaughter. II no, guilty. then 1t gill be
q response Of no, guilty. IL, an officer
attend the jury. (Mr. s~a,ey asks for
another Instruction.
am requested TO Instruct, you that II
Haryille A. Wentworth bad such eonifol
Of the premises q, gave him the legal
nigh, to ,j,e, the respondent. he must
give him. the respondent. reasonable
time TO depart after being so requested
before be would have = right TO use any
violence TO ejse, him.
Gentlemen, ! give you ,ha, As a rule
Of Law. but. At the same time. II he did
ejee, him and thereby committed a tres
pass. merely upon the person OF This re.
,pondsn,. the responder, would not
thereby be justified in the use Of a dan.
g,rOu. weapon or anything which Ia li'
nature would be calculated TO take life.
or to take the life OF Mr.. Wentworth,
unless under the rules Of Law as have
given you. even II this deceased himself
was merely = irespasser.
OXFORD COUNTY ELECTIONS.
uuuD.
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