The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-09-28

statehood. 1t has Deen worthy career,
one befittingssthe motto of "Dirigo," and
it's history has made brighter the records
of the nation of which it is part. 1t
has given to the country many of it's
honored men, has exemplified throughout
all it's existence the ideas of good govern
ment and obedience to law. 1t has passed
through political contests which have
been exciting and bitter, and hasiknown
trials which thrilled the hearts of its
citizens. But it's record of an honest
count of the ballot cast has never been
unsullied. Never, in all its long and
noble history, never until now, has
man had the courage and audaclty to
dare to thwart the popular will by
making deliberate, false count of the
electors votes. This shame was kept
reserved for the county of Cumberland.
We have experienced more than seventy
years of state life before finding a scoun-
drel like Thomas r. Harper. We will not
have another. We repudiate Harper and
his count. Men of Cum berland county,
away with the thought of party expedi-
ency, do not condone this most severe
crime, assert your manhood, and by
your verdict of guilty wipe out this dis
grace whice now stains the fair fame of
this county.
a My part of this case is ended. / have
tried to show you the way of truth. You
have sworn to give true verdict herein
according to the law and the evidence
given YOU Do it, act like men, observe
The faith you have SO sternly sworn to
keep, and when hereafter you shall re-
feet upon your conduct in this case let
no cloud of regret dim the light that ever
sheds it's golden rays upon duty which
has been well done. Men last for
moment Justice is as eternal as the
throne of God.
Mr.. True's argument was finished short
ly before 5 o'clock. 1t was
A Splendid Effort,
both logically and oratorically, and had
an effect easily perceptible upon the large
audience, the jury and the respondent
himself.
Judge Bonney
then addressed the jury saying that the
calm and dispassionate considera ton OF
the case is now in.order. Your duties and
mine involve the exercise of no arts of
oratory It issmy duty to lay down the
rules of law, which apply to this case,
and yours to weigh the facts. I have
already told you on other occasions that
sumes guilt, but in the absence of the
evidence to rebuff, it presumes innocence.
This presumption can be overcome by
evidence; and verdict of guilty should
be given where the evidence leaves no
room for doubt. Absolute certainty is
not to be expected from human testi-
mony; but the government is bound
to establish the guilt of respondent be-
yond a doubt, for which a fair reason can
be given. Now in this Indictment the
respondent is charged with knowingly
making false count and declaration as
warden of Ward on the sixth day of last
March. | have examined with some care
as to the steps taken to hold that meet
ing, and instruct you that the meeting
was legal. Furthermore there seems to
be no doubt that the respondent was
acting as warden, and therefore, under
the mandates of the law as to the way
he should perform his duty. The burden
resting upon the state is to establish two
propositions: First, that he made false
and untrue count and declaration, and
second, that he did it willfully and
knowingly.
Now as 10 the first, it was the duty of
the warden to count those votes truly
and declafe them truly. The respondent
is accused of not doing as his duty re-
CURED. The proof of this is the first duty
required Of the government Now your
first duty is to examine and decide upon
this proof If 1247 men voted on that
day you must acquit the respondent. Ii
1247 did not you must concede that the
count was false.
But the Indictment goes farther and
declares that the alleged false count was
knowing and wilful. Now If the respond
emit made false count and declaration
knowingly and wilfully, he is guilty. iii
on the other hand he did it innocently,
he should be acquitted.
So the question is one of intent. Now
how do you get at mans intent? An
intent is not tangible thing. You can
not penetrate the mind and see it; but
yet you must ascertain it. There
are two ways of scertaining this intent.
In the first place man may state his
intent. Sometimes this statement will
accord with his act; but in others it will
not. In cases like the latter it is neces-
sary to examine all his acts
If you find that Thomas r. Harper's
count and declaration were untrue. you
want to know what his intent was.
Consequently, if you find he made an
examine his statements, and acts to see
whether he acted innocently or not.
The judges charge being closed, the
jury went out atsten minutes past five.
A Probable Disagreement of the Jury.
The jury remained in session until half
past twelve, when they sealed up the
result of their,deliberations and departed
It is not known definitely what conclu-
sion they came to, but it is believed that