The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-02-03

uouIo' LII duulGlOu bHoro are Fallouo
presumptions in favor of the accused.
The law presumes innocence, honesty OF
purpose and good character. No man
brought before jury is called upon TO
substantlate his innocence. Attorneys
for the defense always lay great stress
upon this presumption; but 1t IS no6 d
conclusive presumption. 1t may be over
come by evidence.
As to evidence, the point OF certainty
can never be reached from human tesbi-
mony. The law does rot require aDSo-
lutte proof, for it can never be gwen Luz
tribunals of earth are conducted py
human beings, and are weak ana Ialll-
BILE. There is only one judge VINO seq
everything from the beginning; anu
whose judgments are true and r1ghGeous
altogether. In human tribunals evidence
must prove fact to reasonable cerGaiI-
ty. A reasonable doubt is one Tor Whlch
a valid reason may be given. In Shls case
you will consider whether the govern
ment has proved the gul.5s OF Ihe fesi'ono-
ent beyond reasonable DOUBT:
The respondent is charged with having
murdered Waldburg Meyer on the 2oth
of last November. Murder may be OF Two
degrees For each degree the punish
ment in this state is the same.lmp
ment for life. Murder in the first degree
aforethought, that it's malice afore,
thought premeditated coolly in the mind
OF the murderer. Men in the possession
of their reason are presumed TO lnteho
the results of their actions. The eiemenG
which constitutes murder IN the secono
degree is implied, not express, nance
aforethought But it is not necessary.to
define this, since if this respondent is
guilty at all it is of murder IN the HIST
degree.
TIE defense claims that the wound in.
ficted upon Mrs. Meyer was the result OF
stray shot, or at least that the sGate
has not proved beyond reasonable
doubt that this was not tte. ease. sFhe-
government, oH~the other hand, contend
that this injury was the result Of design.
In these two contentious lie the nrsb
fact to be asaertained by you.
If you find that the shot was not &C,
cidental Or self inflicted, and was tired
with malice aforethought with tne lnlen-
tiops of killing Mrs. Meyer, the next thing
Ito ascertain is whether she died from the
effect of this shot But this is admitted
| nv the respondent, so there will be no
| difficulty in determining this fact Inc
| state further claims that August NJ.
| Prawda fred that shot. Legally speak
| ing no direct and positive evidence on
this nofnt has been presented. No one
| testifies to having seen August M.
Prawda fire that shot, The evidence
| which the state presents is circum-
stantial. There IS nothing mysterious
| about circumstantial evidence. 1t Is
| such as men in business act on every
day But always when it is introduced
| in law the attorney for the defence pro-
tests that it is unreliable.
| Judge Bonney when proceeded to lay
| down the rules which should govern the
| iury in considering the evidence In this
case, to analyze briefly the evidence, and
to enioin the members to do Their duty
| honestly, fearlessly and impartially.
/ V1I,a oboro having heeu delivered there
was hustle attending the
| Going Out of the Jury.
| The officers in charge were sworn to
guard them we'll, the maps of the Prawda
premises, the bullets, bloody clothing,
ammunition box and other material
things in the case were gathered together
| to be taken along.
| The jury filed out, but the audience did
not, the larger part remaining some
time, with the evident expectation that
| the verdict would be rendered very soon.
| Prawda was the centre OF observation,
| but he did not seem to mind 1T IN the
least, Mrs Prawda, sitting in her &C
customed place. gave way to her grief.
i She was certainly an object of pity.
/ All her nearest blood relatives sat away
/ from her, over in the seats of the govern
4 ment Witnesses, anu liners was aPpdAOuo-
| ly no communication with her, Her only
i friend, if her imperturbed husband be
excepted, was Mr.. Leslie F. Sherwood OF
| No. s Larch street, this city. Mr.. Sher-.
wood has sat by her side during most of
the trial. He is not a relative, but
several years ago, in time of mlsfor-
tune he and his wife were befriended by
Mrs. Prawda. He and his wife are now
showing their gratitude by taking her to
their home and accompanying her in the
trial.
During early moments of the waiting
lleved the general strain. Uncle Joseph
Holden, the Otisfield philosopher, from
his place within the bar, began an infor-
NAL talk on his theory that the earth is
fat. He was demolishing the theory of
Copernicus very rapidly when the court
officers interfered. Uncle Joseph re-
marked as he left the room that thus
they treated Calico and the other
philosophers of old.
Deputy Sheriff Chute was taken
seriously i'll soon after the jury went
out, and Drs. King and Dunn were
hastily called. They succeeded in making
him more mfortable.