Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1888-03-05
SATURDAYS SESSION.
The Charge of Chief Justice Peters to
the Jury.

This is probably the last day of this ia
nous trial The court room is literally
packed. The crowd even stands about the
entrance and blocks up all the passage ways.
1t is stormy too, and yet there is no attention
paid to the falling snow. The court has
come in, and the prisoners, heavily manacled
have been placed in the dock their eyes fast
ened upon the Judge, who spoke as follows ;
Gentlemen of the jury The
defendants in the case are Jointly tried.
Now the first thing you need from me is the
he finition of the crime with which the pris-
oners are charged. Murder is the taking un-
lawfully of human life with malice afore-
thought, expressed or implied, and, if you
ind the prisoners guilty, you will then con-
slider whether they are guilty of murder in
the first or other degrees
Here his honor defined the different de-
grees of murder.
"if you find in this case that the defend
ants did not intend to kill, but only to put Mr..
Barron in the vault until they could escape,
you cannot find them guilty of murder in the
first degree. The difference in the punish
ment OF the first and second degrees is that
for the former the prisoner is confined sepa-
rate from his fellows and at hard labor for
life while for the latter he is confined for
life and at hard labor, but associates with his
fellows as far as prison rules allow. To
justify verdict against the prisoners, the
government must satisfy you of the material
allegations in the indictment beyond rea-
sonabe doubt. By reasonable Is meant a
doubt not fanciful nor whimsical, but doubt
that is not unreasonable. 1t must not be
possible doubt, but one that can be enter
tanned in reasonable manner. 1t is a doubt
that man of sound mind, after weighing all
the evidence, shall have. The government
must show that Barron was killed felonious-
y, and second, that the prisoners are the per-
sons who committed it, First, the question
comes as to how Barron died. The circum-
stances surrounding the death must be con-
sidered. The government contends that it
was an impossibilty for Barron to have COM
mitted the act as matter of skill and art.
Also that there was no motive to effect his
death IN that way that no circumstances
point to suicide. The position of the gov
ernment is that suicide was never alleged
until after failure to discover murderer
or murderers. The defense contends the
reverse of these propositions. Generally,
need hardly call yourattention to these de-
tails. will merely call your attention to
the fact that the defense say there was no
dirt on Barrous clothes, and other things de-
MED by the government. The defense say
that Barron was a defaulter. The govern
ment says that the defalcation was trifle
The government contends that Barron had
no ability or practice to commit suicide in
that way. Ii also says to you that there was
only a brief time for such a suicide and the
idea of the government is further that he
could have produced his own death in way
that would be just as serviceable as to shut
himself in a vault The defense contend.
that Mr.. Barron was detected, and that there
were strong circumstances in favor of the
suicide. Now, you see that it was impossi-
Bile for Barron to do the act without the use
of a screwdriver. You have heard the testi-
( mony. Now the defence says that Barron
may have taken drug, not with the inten-
ton of suicide, but to osimulate death. The
government tells you that, if Barron did so,
he would have still to face the exposure of
defalcation. As to the alleged robbery, if
you are satisfied that there were strange men
about the bank opportunely, you will con-
slider that in relation TO the suicide. Again,
if you believe Charles Stain, if You believe
John Harvey, if you believe that Stain and
Cromwell both confessed, then you will
consider that in relation to the
question of how Barron came to
his death. If ,su are satisfied
now that Barron was killed by some one then
comes the question. Did the prisoners at
the bar do it: The government claims they
did, and in an attempt to hide the crime of
robbery. These allegations depend upon
the testimony of young Stain, John Harvey,
aud Detective Bean. Now as to young
Stain, if he had never spoken the truth. if
it is the truth, the truth would never have
been discovered. | wish to have you re-
member that these confessions. if true, are
very important evidence. You must con-
slider what there is in eorroboration of these
! confessions.
Counsel for the defense says confessors'
/ testimony is of suspicious kind 1t is some
times, if there be misunderstanding in re-
gard to single fact. But where an ad-
mission is deliberately made and accurately
brought to you who have heard it, it is very
often the highest kind of evidence. The
defense says the men conveying this admis-
sion are bad men. The government replies
that, notwithstanding this, you must believe
that the corroborative evidence warrants
I their credence. The defense contends that