The Portland daily press., 1895-02-12

midst of the large number of men who
filled the sertees Immediately behind the
bar. 1t was ten minutes past nine O'Clock
when Sheriff Plummer announced the
court. The actors and spectators haG
not sooner seated themselves than Judge
Symonds stepped to the place before the
jury. He began at once with some gen.
eraI observations on the trial, and with
compliments for Attorney General Pow
ers and County Attorney True of whom
he said: May the time be long contin-
ued when the State of Maine will have
such able young men to make its prose
cutions. Some of you may be- surprised
at the vigor and ability with which At
torney General will present the case
for the government. | shall not be sur
prissd. [ expect it. Yet l have faith in
my case. A criminal trial IS always
serious-serious for the counsel for the
State, tor the interests involved for the
State are important. To the respondent
the result is always of the highest i'm
Dortance. In this case practically life
is involved. For imprisonment for life
is only death in life. The prison doors
swinging to behind man close with a
duller, sadder sound than the clods of
earth falling into his grave on a sunny
hillside.
The State charges this man with being
a murderer but they do not quite say
that. in his heart he is murderer.
There are many things that might be
said on this subject were it matter of
public discussion which are inadmi ssa BILE
here i'll this court.
But whatever the law declares to be
criminal / will declare to be criminal.
The State do not say that he sought out
Mary Dunn to murder her. She came to
him, and in the performing of
A CRIMINAL ACT,
and in performing that act it is claimed
that he uDintentionally caused her death.
1t is easy to see that under such oircum-
stances physician might be betrayed
into doing such an act. although it was
illegal. This girl, betrayed by the man
who had promised to marry her and
about to be lett with a child on her
hands to be perpetual reminder of her
shame. afforded a powerful temptation
to any physician. But set up no claim
but that justified by the law.
verdict, either of murder or mani
slaughter, Will amount practically TO tne
same thing to this respondent.
The law has called you here to perform
duty, aud it says TO you, as it lays the
duty upon you, do not convict this
man except upon full proof" He is an
American citizen still, with the circle
of presumed innocence about him, and
the law demands that you 10 not con-
vict him except upon positive and un-
dou bted proof. Your minds and judg-
ments and consciences must be convinced
beyond douht. So long as any.tdonbt re-
mains you must find him not guilty.
This case presents the strange anomaly
that after all has been said aud done. no
legal evidence whatever has been pro-
duced to show that any crime was com
mitted by any one. This main and vital
fact will be considered from first to last
of the argument.
In ali the testimony as to that
autopsy, performed by able ana learned
PHYSICIANS, there was not found single
thing to show the use of any instrument.
So far as anything that those physicians
could see, there was no sign that the
abortion might not have have resulted
from natural causes. Judge Symonds
au hstantiated this point by reading
from the. testimony@of DIR. John f.
Thompson. DIR. Niokerson was quoted
to the same effect. Here then was the