The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1886-01-13

DIR. MOORE ARRESTED FOR MURDER AND
RELEAsED ON BAIL.

Oh. hOObE ABhhSIHD Fok MURDER AMI
RxLEAsED ON BAIL.
DIR. Jonothan Moore of Scion, was ar.
and hearing given before o. X. Bachel.
Ter, ESQ.,, OF Skowhegan, Trial Justice.
The trial occurred Tuesday and Wednes-
day and he was bound over to the March
term In 5000, procuring the following
bondsmen Corydon Felker, lothian
Whipple, Newell Lander, A. Is. Wilson
and Ann 4. Moore, his wife. To secure
the bondmen joint mortgage was given
of all the property of DIR. Moore and his
wife.
Trial Justice Bachelor In rendering
his decision reviewed the case as follows
The witnesses In this case, so far as
have been able to discover, have given
their testimony canddly, fairly and truth
fully. The fidelity and ability with which
counsel on this side and the other, have
conducted this important and painful
investigation, the fair and candid manner
In which they have sought the truth and
nothing but the truth, is highly commend
able. II Is my desire to now close these
proceedings In the same spirit of candor
and fairness, and In q way that shall fully
protect the interest Of the state, and at
the same time do no injustice to the re-
spoHdent.
The respondent is charged with the
crime of murder. What is murder? The
statue of this state defines 1t thus. Muir
der is the unlawful killing of human be-
ing with malice aforethought either ex-
press or implied, What is express malice
That Is proved by evidence of a delber-
ately formed design to kill.
There is no evidence in this case that
there was any design to kill, but on the
contrary, the guilty party, doubtless, de-
plored the death, sincerely.
Then what is implied malice?' at is
an inference or conclusion of law upon
the facts found by the jury, and among
these the actual intention of the prisoner
becomes an important fact; for though
he may not have intended to take away
life, or to do any personal harm, yet he
may have been engaged in the perpetra-
ton of some felonous or unlawful act,
from which the law raises the presump-
ton of malice.
Thus, If one attempts to kill or main A..
and in the attempt, by accident, kills b.
child; or Il any one in the attempt to pro-
cure an abortion, causes the death Of the
mother the law implies malice,
and the slayer is held guilty of murder"
Here we find species of murder, and the
identical crime instanced which the evil
dence In this case, in my judgement,
abundantly proves to have been com
mitted. The testimony of five regular
physicians, after careful post mortem
examination of the deceased, all agreeing
that her death was caused by an operation
made for the purpose of procuring an
abortion, leaves but little, | may say no
doubt in my mind but that the crime we
have been investigating is that of murder
We now come to the next question and
in fact the only question in this case.
Is there probable cause to charge the
respondent.
There is no question but that the de-
ceased come to her death while at the re-
spondent's house, on the 28th of Deem
Der last. 1t is admitted that she went
there Dec. "a, and there is evidence
tending to prove she went there Dec. 10.
On that day she left her uncle Deans in
Skowhegan, apparentlyin ordinary health,
went to Scion on the stage, stopped at
the Carratunk House, inquired for the
residence of DIR. Moore and was told, and
was afterwards seen going in that di-
rection.
There is evidence that she left in the
hotel a small bundle, and that on the
evening of the 10Th of Dec. DIR. Moore
was seen coming out of the hotel with
bundle answering the description of the
one left by the deceased.
Still although the respondent does not
see fit to take the stand and testify, it is
claimed for him, that she did not reach
his house till the oath of Dec. five days
after But her whereabouts during those
five days is entirely unaccounted for UNI
less she was at the house of the respon.
dent But be that as it may, she did go
there, and for what purpose? There is no
evidence that she was in need of medical
treatment of any kind unless it was to
relieve her of her great trouble. Mr..
Moore was not relative not even an ac-
quaintance. If the operation which
caused her death had been p rformed
pricr to the 10th or even the oath of Dec.
why did she leave her friends and rela-
tives and 90 to DR.. Moorc's stranger?
Without reviewing the evidence fur
ther must say that the evidence satisfies
me that the crime charged has been com
mitted and that there is probable cause
to charge the respondent,
Although it is perhaps generally under
stood person charged with an offense of
this magnitude is II t bailed find a con-
stitutional provision which, in my Judge
ment, will allow of bail, in this case.
And in view of the respondents age and
consequent bodily intirmates | have de-
cidcd to admit him to bail and fix the
amount at eight thousand dollars.