The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-12-25
A CANDIDATE FOR THE STATE PRISON.
Young MuIverhIll Found Guilty Of
Manslaughter.
The Defendant Tells His Story of the
Killing of Luce.
The Result of a Sunday Morning
Drinking Bout.


AUGUSTA, Dec. 24-H. NJ heath, ESQ.
opened for the defence in the Mulverhill
manslaughter case this morning. But two
witnesses were called. The respondent,
Jerry Mulverhill, was placed on the stand.
He said: my father died in the insane hos
pital, having been there twelve years. am
IS years of age. On the morning of the af-
fray ! had started down street on my way to
church, and met Win Wascott, Jim Merry
and Mr.. Bolton at Partridge's drug store.
We went down 20 the river and took drink
all round. THIS was about o'clock. Later
on JEFF Dickson, Will Wascott, Bub Bolton,
Frank Hart, G. A. Luce, myself and Others
went into the coal shed, where we all drank,
Luce among the rest. Several of the men
had liquor. Frank Hart brought down half
pint, which Luce placed in his pocket.
we nad some tax about lighting among us,
and some one made the remark that Hart
couldn't lick me. Upon that Luce called
Hart out and told him that if he couldn't
lick me. he [Lucel could. Luce went out and
was engaged in pulling up gondola with
Frank Hart. l went up to Hart and was
out OF the way. did not move, and he put
up his hands. saying, let him come / then
turned around and struck at him with my
left hand. He lodged the blow by sitting
down upon rock, so that ! did not hit him.
=
hand. Upon that Frank Hart pulled me
away and went off. not knowing that had
injured Luce until arrested by the city mar
shall" A
Cross-examination-' was slightly under
the influence of liquor when struck Luce.
! am not in the habit of drinking. 1 struck
Lrce because supposed he was going to
strike me. Mr.. Luce was about his business
and as was talking with Mr.. Hart, he told
me to get out Of the way. l kept ON talking
didn't say word the second time. This
made me mad and struck at him. don't
think kicked at him, although would not
swear to 1t. am quite sure did not kick
him. Luce struck at me with his clinched
Est, and / warded it Off / don't Know
whether struck as hard as could or not lot i
had not been drinking so much but what
knew what was about"
VIII Wascott testified that he met Mulyer-
hill on the street and drank with him several
times, going TO the coal shed with him. He
had no knowledge of the affray, and did not
see it,
Mr.. Heath argued the case for the respond
ent. He held that Mulverhill was only guilty
OF assault and battery, it not being proved
beyond reasonable doubt that the death of
Luce was caused by blow from Mulverhill's
iist. 1t was. uncertain what proved death.
Luce was drinking man and the testimony
of the physicians did not agree as to whether
It was the lateral sinuous or the eye vein that
was ruptured.
County Attorney Carlton took the
ground that Mulverhill had commit
ted the crime of manslaughter, and argued
on that ground. saying that it made no odds
whether one vein or another was ruptured.
It was clear that Mulverhill's blow killed
Luce. =
At the reassembling of the court in the af-
ternoon, Judge Whitehouse charged the jury
who were out only fifteen minutes, bringing
In a verdict of guilty. Mulverhill listened
to the verdict without any sign of emotion.
Sentence will be imposed on Thursday.