Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-12-14

gentlemen, if that 10 your notion of thi,
case, il you believe there is q conspiracy ,t
murder Martin Burke and those other met
on trial, you ought TO acquit, yon ought tt
recommend to his honor that the counsel
representing the people Of this great State
be indicted and tried for murder.
Argument Against Begss.
Longenecker took up the argument oi
Foster in behalf of defendant Beggs, and
replied to it ut length, arguing the proof
that showed Beggs WAS = party to the con-
spirncy. He paid extended attention to the
case against Beggs. Among other things he
said why did he wait from the sth day Of
| February until the 10th? Because on the
| 18th be presided At this meeting again, where
the minutes were approved, where those who
we're ignorant Of the object Of the appoint
ment of the committee sat there and approved
the minutes, and then they could say we have
the approval of the Camp, then they can say
to their dnpes, (if they were dupes) they can
say to any man who was to raise the bludgeon,
the Camp 10 behind US.
| Croniu was showing to the order that these
men were thieves and robbers, yet Beggs
said it was opening old sores. Is he said
when they were talking If the same thing
y
Alexander sullivan, yet Ale xander Sullivan
was not then 4 member of the camp and was
not then in the order" The States attorney
then went on to say that Beggs' letters TO
district member Spellmsn, asking him to in
vestirate Cronins conduct. were to cover up
the work OF tie secret couimi tee of Camp
20, and tha, as the reason B'ggs was so
ready to have them made public
Bsggs, he said, was law er, IN educated
man, an! man Of ability. anl in.te ad of
being innocent. was st the head of the con
spirsey. The chain of es.deBee b.nains him
| TO the crime l., irrefragablc the speaker
took up the question Of the relation which
| The vsi 10 US circumstances were testified To
have to each other. a7't tie whole, in combi-
nation. were making strong case, he
claimed. At the close of the forenoon Sc.
| sion, an advocate was read from expert testi-
mony as to the cause Of death.
IL Cause OF Dsath Proven?
On resssemhling OF court, Judge Lon .e-
necker Continued to reply 10 Furrests argu-
meat. Ia svering the point that he
prose cution had not proved the cause of
death, he said the jury were the best judges
| of that fact The verdict If ,ae Jury, sLoald
| Il sc1uit the accused. woalh he hlr to any
subsequent p -oseeu,i1n for the same odense,
alleging death by any other means. The
speaker went on to array the facts as proved.
drawing the conclusion that the cause Of
death was fully shown.
| The indic,msnt, he said. charged death by
violence from wounds inflicted IN All un-
| known manner Experts for the State tes-
| tilted that death was caused by wounds on
| the head. EK oerts for the defense merely
| a. l. sl..
piled to the hypothetical question, in which
the necessary violence for the intiiction of
the wounds and other circumstances were
left out.
Longenecker made rapid running sketch
of the evidence of leading witnesses and the
circuu stances under which it was given, by
way of reply to Forests charges that i, vas
a conspiracy 10 convie, the defendants, and
taking occasion in passing. to pay con PHI
ments to Forest rather sharply fer the forma-
ton of such 4 charge in such a wholesale
manner. Al d concluded by calling the stten-
ton Of the jury to their responsibility in rem
dering verdict, and arguing evidence point
ed to the undoubted guilt of the prisoners
Judge McConnell's Charge.
Judge Mcconnell delivered the charge to
fine Jury. He said The manner or cause of
the death alleged in the indictment is an es-
sentisl element of the charge against the de-
PENDANTS. The law reqniresthe prosecution
to establish that averment to your satisfac-
ton beyond q reasonable doubt, as it is laid
in the indictment before the conviction OF the
defendants or either of them eau be lawful
Iy had. But whether or not the manner or
cause of death was as laid in the indictment
NAV be established by circumstantial evil
dence lust as any other fact essential to con-
yiction may be Circumstsntial evidence in
criminal cases is proof of such facts, aud the
circumstances connected with or surrounding
the commission of the crime charged, as
tends to show the guilt or innocence OF the
party charged if these facts and cir
cumstances are sufficient to satisfy
iury of the guilt of the defendants beyond q
reasonable doubt, then such evidence Is suf-
ficient to authorize the jury in finding the
defendants guilty. 1t is the duty of the jury
to enter upon the consideration of each cir
cumstance proven. having in their minds
the presumption that the defendants are each
| innocent. If such 4 fact or Circumstance.
when considered in connection with all the
evidence in the case, can be explained con-
sistently with the innocence Of the accused.
| il 10 their duty to 80 explain it. In orcer to
| Justify the inference of legal guilt from the
circumstaiial evidence, the existence OF IN
culpatory facts must be absolutely incom-
patible with the innocense of the accused
and incompatible explanation upon any othei
reasonable hypothesis than that OF guilt. Ii
| Won can re econcile the facts in this case upon
any reasonable theory consistent With the
innocence of the defendant, John kunze, II
il your duty 80 to do. and find said defendant,
madf
as to each of the other defendants separately
except Beaas, concerning whom this specia
statement was given).
what Judge Says Regarding Besss
II is not. sufficient for the jury to And th'
resolution adopted for the appointment ol
the secret committee of Camp 20, February
8. 1889, but it must further appear to youI
satisfsction beyond all reasonable doubt
! that such committee was appointed by thu
defendant Beggs. and such appointment VA
in pursuance, or in the furtherance of con
spir.cy TO commit the crime set out in ,h'
Indictment: and you must further be satls
6ed bevond all reasonable doubt that th'
defendant Besgs had a knowledge OF th'
purpose for which the said committee asked
or. il appointed. he assented to its purpos'
subseoue ntly, or you will not be justified II
finding the participation in such couspirac.
on the part Of the defendant Begss, D.
reason OF the facts herein stated
/ A. there 10 no evidence in this case OF an.
covert act committed by defendant Begg
in the commission Of the alleged murder II
the Indictment in this case, therefore, unles
il i, established there was conspiracy entei
ed into to commit the murder charged in sal
Indictment. to which conspiracy said Bess
J vas a parsy be should be acquitted. In
testimony Of verbal admissions, statements
and conversations ought to be taken by 20
vi,h sreat caution, because that sort of test
mony 10 subject 70 much imperfecton An
, mistake. =.
II part of the statement in favor Of the d.
feudans 10 not disproved and not spparentl
improbable or untrue when consistent vii
Ali other evidence in the case. such part
etntemeus 10 entitled to ~ much consider
tiou from the Jury ~ any other part OF u
J ststemens. Although you may believe Z
defendant (Beggs) at . meeting OF camp 2 2
Nev 10. remsrked, in substancs. that u
eeouittee was TO report 70 him; even II ~
!. shouA further believe thai such RENAL
poeee,ssd cone criminal import, yss In
viev taat can be hksn Of his sass WI "