Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1894-03-13
THE JUDGES CHARGE.
JUDGE sosrsa's CHARGE I'D rnx IuRr
IN Iin riowxE MURDER CASE.

IN rith riiOHNE htWpkW CAsh'
Gesti,msa effAs Jsry:
On the 18th day Of November last Z
most sad aud lamentable occurrence tool
place In this county, and the respondent
at the bar stands charged With the mur'
der of citizen of this county and upou
you aud upon me has been cast the duty
of determining the law and the facts
relative to that Transaction.
This L. . grave duty which rests upou
us. A more responsible duty can not
be cast upon us, and when We reflect TOT
moment and appreciate the respon'
slbillty and consider the duties that arr
cast upon us-duties that we owe t0 the
peace and welfare of society ~ well ~
to the prisoner upon the other side, this
duty weil-nigh overwhelms us. IL u
not sought by us, but Il IL that which u
Imposed upon ne by the laws OF the
state, aud Il becomes us ~ citisens
charged with this responsibility to die.
charge that duty courageousiy and fear
lc.siy. II Il well that we View the duty
of this hour In lts strongest light, that
We make sure that we do no Injustice Ia
any one.
The case has been presented With un-
usual ability upon the one side and the
other. II Ia well that such presenta-
tlon has been made, that every means
possible To discover the truth In relation
10 such q transaction should be resorted
TO. II Il we'll that We should give heed.
care and attention, tn the propositions
advanced by those Who present the case
~ the government, and the case Of the
respondent st the bar. And while u is
weli to do this, we should see 10 u that
the Judgment u not warped, andthat our
sympathies do not lead us astray or that
our prejudlces may not csise us To rem
der q judgment that IL Incorrect. We
have Ia tread the paths OF duty aud
Justice. The respective counsel have
their own paths to tread and their own
ends to accomplish. We have no ends
10 desire, no particular result to seek In
this Investigation. hut we must tread IN
the open paths of truth, aud when ell
those paths have been explored. the re-
sult win be proved. and Il becomes your
duty, regardless of the consequences, to
declare What that result IL, based upon
the truth aud the evidence In the case.
See 20 II a. you start on this in,esti-
CATION that you are unlnduenccd by any
Of tho.e cause. which might Influence
your Judgment % render = verdict not In
accordance With the law and the evi-
dence. Sce to q that you. representing
Justice, hold ube scales equally polsed be-
forr yoa commence to cast In and weigh
the evidence here sdduced. starting.
then, without passion, without prejudice,
without fear or favor. shutting out the
world aud it, Influences, looking solely
and exclusively aud entirely to that
which is in this case. u will be your
duty upon your osihs Ia determine ~hat
the result Ia under the Law which the
Court shall give you. =,
II L. only on the surface of the placid,
tranquil lake that one can see unbroken
the mlrorcd likeness of the clouds and
the .un and the trees which skirt the
.hor,s. let Il be ruiiied by the slightest
br.ath aud the images become distorted
aud broken. And only when you retain
your eluanimliy and keep your minds
free from bls. and prejudice ar syn
pathy, can you see the exact Image of
the case before you which you are to de-
eide, lts Law aud the detailed facts, and
thu. be enabled to form . correct judg-
ment based upon the entire case.
The duties Involved In every stage of
such = case are not only srduous but
also responsible; but while the duties
are arduou. aud even painful, the Law
has divided those responsibilities and
compel. all investigating . crime thst '.
charged against the respondent at the bar
Ia share them. Zach have unpleasant
duties Ia perform. the counsel for the
state, the counsel for the respondent,
the Court, and jury Who are to determine
the facts aud the decision of this case,
aud they are duties which the safety and
welfare of the community require
should be- discharged truly aud fairly Ia
be sure. but hrnly, faithfully and fear
lessly.
The crime charged against the prison
er IL one Of the grnvest known tn our
criminal law. The fact that u IL one 90
grave Il properly urged upon you by
the counsel for the respondent and the
learned attorney general Who represents
the state aud la one sense only that can
be considered important and that J. In
calling for your most careful aud deiiber-
ate consideration of the case. The penalty
attached to the offence Il one that We
have nothing to do With. Neither YOU
nor are In any degree responsible for
the penalty attached To the crime char.-
ell. Ours IL a government at laws which
emsns,e from the pcople. The constliu-
ton has divided the powers of the gov
eminent Into three distinct departments, >,
the legislative, executive and judicial.
aud a. n rule no person belonging to
one % those departments shall exercise
sny of the powers belonging 10 either of
the others. The legislative department
makes the laws defining crimes, and
fxe- the penalty for the violation oi
them. aud whsteyer may be the views oi
any Of us In relation Ia those laws or the
punishment or penalty fixed by the
legislature, II IL not for us Ia consider
that here, but to carry the Law into
effect and TO adminlsterit. These duties
We must discharge at all hasards,
whether painful or agreeable.
Before proceeding in the Investigation
on your part Of the facts developed IN
this case, u becomes my duty to give
you some Instructions In relation TO what
the Law IL applicable 10 these facts ~
you shall flnd them.
In the first place the Law presume-
every cltisen charged with crime to b.
Innocent ill he IL proved 10 be guilty
beyond a reasonable doubt, and every
material allegation Of the government.
complaint must be proved. In civil
actions. issues between parties are de-
termined upon = prepouderance OF evI
dence. In criminal prosecutions the Law
IL 80 careful of the life aud liberty ot
the citizen that every material allegation
must be proved beyond any reasonable
doubt In the minds of the jury-proved
beyond reasonable doubt, because u {
reasonable doubt remains In the mind ol
the Jury, the fact IL not proved. ! shal
give you What I understand To be THE
definition of reasonable doubt.
The material allegations which must bs
proved In the indictment which 70 befor'
you are, first, In relation 10 the tim'
when this offence took place. 10 10 al
legged 90 be upon . certain day. Thzl
dsy is not material. II the indictment
alleges q day different than the 18th day
of November, it is not material that ]
be proved as laid In the Indictment. u
!. material only that it be proved to hav'
taken place at the time when the alleg
Ell offence IL shown to have taken place
aud n IL appears tn have been done OF
the 18th day Of November, 10 will be
compliance With that allegation, evel
though Il may be alleged upon the lJtf
or 18th day Of November, or any othe'
day In that month.
fhe next Il the place where the ofIsncs
was committed. Il must b shown y