Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-05-12

1
dose taken at tn It time as long a he did
Nov the counsel has gone into all the pro
cesses of dige stion, the tannic acid in tea
the taAiog of fool. Mr.. Careton read feon
Prof. Robinsoh's testimony that the foo,
eaten might retard digestion q little.
| hope some of you know DR.. Croker, DR.
Giddings, DR.. lash sud gentlemen Il
you do, argument is unnecessary. If 70,
don't. their appearance on the stand show
they wouldn't mis-state on the witness
stand.
Gentleman, that fatal dose was the last
there's no room for reason BILE doubt.
Sometimes juries say they believe in thu
guilt of the prisoner, but it i, not proven
submit such belief is proof beyond rea
sonable doubt.
Why need we 60 further with this wet
OF snares in which this prisoner at the bal
stands eDm ashed? We have seen no de.
fence. 1t has been running for luck.
lake this case on your honor, on your
oaths. Answer the people who have com
missioned You what this testimony shows
The lives of others may depend on your
verdict. Can a person depraved by lust
ensnared in crime, 90 free by the ability OF
counsel! The people of Msiue, of Kenn, bee
county expect you to do your duty and you
viii do II. They say to you be fearless, BE-
bold, be men. Close your eyes to every
consideration but truth. Don't give license
to Kill Protect, project The jury bar is
no place for sentiment. AZ justice is
bllndfolled, so close your eyes to all but the
declaration of the truth and have the sweet
consciousr e,s OF having done your duty
1 leave the cause of the people with you.
Mr.. Heath read correction from Minnie
Jones testimony.
The mastery argument of the county at
torney was one Of the striking features OF
this remarkable Gaze. The style and man.
ner of speech of Mr.. Carleton would differ
from Mr.. Heath's ia the same line. But in
this case, one for ire defence and the otht I
for prosecuti m there does not seem to be
any standard by which to compare tn. m,
were comparison wished. The report can
not afford comprehension of the vigorous
eloquence, the sledQehammer blows, the
forceful massing of testimony so marked in
Mr.. Cartoons argument. Suffice it to say
that those most convinced of the woman's
guilt say they are satisfied that the govern
ment case was presented in its best light.
The Judges Charge.
At 2 o'clock Judge Wiswell commenced
his charge to the jury, occupying two hours
and fifteen minutes in its delivery. The
following is an abstract:
Gentlemen of the Jury: The prisoner at
the bar. Clara Emma Gstchell, has been
presented by the grand jury of this county
charged with the commission of the highest
form of criminal homicide. To that charge
she has said she was not guilty and has put
herself for trial upon her country, which
country by representation you are. In the
manner provided by law you have been
summoned here from your ordinary and
various occupations to assume for the time
being positions of the gravest responsibility,
and to perform duties than which no more
important ever fell to your lot. Much has
been said by counsel upon the great impor-
lance of this case and of the issues upon
which you are to pass. They have not put
it too strongly. To the prisoner it is of
supreme and tremendous consequence, i'm
portant, too, to the. State; first, that
no innocent person should be con-
victed, and, second, that such
a crime as is here alleged
should not go undetected, but that the per-
petrator should be discovered, brought to
trial, and if proven guilty, convicted. The
comparative security of our citiz Ems in their
lives, their persons AMI their property de-
ponds in a very mark degree upon the
well-Qrounded and wide spread belief that
crime will be Diet Gel. the gully brought
to punishment, the innocent acquitted. To
the decision of the c0ntroverted issues of
fact involved and to the deduction of the
proper differences therefrom you shout
bring your very best abilities. AfJer
have given you such rules of law as have
deemed applicable and reviewed to some
extent the positio ns of the counsel on the
one side and the other, the case will be
committed to you. 1t will then be your
duty to examine, analyze, scrutinize and
apply the testimony to which you have been
listening for the past 10 days, unanimated
but by one desire, and that to ascertain the
truth and declare it. As to consequences
you have no responsibility whatever. As
to correct decision of the facts you have
every EtepoheiuiIity"
The Judge then Instructed the jury as to
the respective duties of the court and jury
that the duty of the court was to pass
upon questions of law and the admissibllity
of evidence, the duty of the jury to take
the instructions of the court and decide all
disputed questions of fact; also de fined the
degrees or murder.
Every person accused of crime is pre-
sumed to be innocent until proved guilty.
Every presumption of law is in favor of the
innocence of the accused, aud before jury
is authorized to return verdict of guilty
they must be satisfied by the state of the
truth of the accusation beyond reasona-
BILE DOUBT The words reasonable doubt
apparently carry their meaning and explain
alton with them. 1t means a doubt for
which areason can be given. 1t cannot be
a mere possible doubt, for everything re-
lating to human affairs may be in some
way subject to possible doubt. 1t is such
an actual, substantial and well-founde
doubt as would be entertained by reason
able and conscientious man. 1t is not
enough to establish merely probability OF
guilt.
1t is not clsirned by the government that
the guilt of the prisoner is established by
what is known as direct evidence, but tina,
to a moral certainty and beyond a reasona-
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