Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-10-26
Court Takes Recess Till $50, When
Jury Will Report.
They Ask for Instructions on Second Degree
and Manslaushter.

his charge to the jury.
The jury retired at Alb. At 9 O'Clock
they returned and asked for further
instructions on second degree ana
manslaughter. which were given. The
court also instructed as to the desira-
bility of an agreement. They retired
again at 9.15.
At $780, the jury returned and re-
quested additional instructions as to
the definition of manslaughter, which
were given. They then retired.
At midnight, the judge instructed the
officers to serve the jury with break
fast in the morning, and court toook
recess until $50 A. NJ.
Counsel for the prisoner in the White
murder case, Tuesday morning, intro
duced four convictions for violation of
the liquor law, in 1880, 81 and "a.
against John Gardiner to impeach his
credibility as. witness.
Rose White. the prisoner, was re-
called by her counsel and testified that
on the occasion of the discharge of the
revolver, testified to by John Gardiner,
he came home intoxicated, and after
some dispute with him she determined
to go home. She put on her coat and
took the revolver on the stand to put in
his trunk; thinking that he might 10
some harm toAher with it, asshe was
ugly when drunk; that he was mad
4 because she was going home and seiz-
ed her, and in the scuffie the revolver
was discharged. it being a selfcock-
ing, but the. bullet did not cougar him;
that it belonged to Gardiner he having
bought it Of a soldier for e and half
pint of whiskey.
On cross ex ANNA ionss4e was taken
over the ground relating stosthe way a
revolver should beg managed to dis
charge it, and Illustrated, by request
of the county attorney, the way to dis
charge a self-cocking weapon, by sim
ply pulling on the trigger until the dis
charge, and the one in court by cooking
the hammer and pulling the trigger.
The testimony was concluded at $40
and at $50 Mr.. Whitehouse commenced
his argument for the defence conclud-
ing at LAO.
Mr.. Heselton commenced his argu-
ment for the State at 11.5O and had not
concluded when court adjourned AT
1910 for dinner. He resumed on the
coming in of the court at 230 and con-
cluded at 3.15.
Judge Strout then charged the jury
occupying one hour in the delivery
The following is an abstract:
After definition of murder in the first
and second degrees, and manslaughter, he
instructed the jury that: The prisoner is
presumed to be innocent until the con-
trary is proved by evidence of such CO.
gency as to satisfy you beyond a reason
able doubt of her guilt Not beyond the
possibility of doubt. A reasonable doubt
is that state of the case which, after an
entire comparison and consideration of all
Jurors in that condition that they cannot
say they feel an abiding conviction to a
moral certainty of the truth of the
charge
The burden of proof is on the prosecu-
tion. y All the prescriptions of law. indie
pendent of evidence, are in favor of inno-
cence. If there is a reasonable doubt, the
accused is entitled to the benefit of it. 1t
&c Gnffciant establish ho
bility, though strong one, arising from
1he doctrine of chance, that the thing
charged is more likely to be true than the
contrary; but the evidence must establish
the truth of the charge beyond reason
able doubt and moral certainty.
The State must satisfy the jury beyond
reasonable doubt that Everett White
was unlawfully killed by the act of the
accused. The evidence must exclude
death by suicide or accident. If the re-
volver was fired by the deceased, whether
intending to kill himself or to brighten
his wife, that would be an end of the
prosecution. So you are to take into ac-
count all the evidence bearing upon what
occurred upon that night of June IA.
. There is but one person living who
Knows and can tell what occurred in thai
bedroom, and that is the respondent. The
State does not claim to have any direct
evidence that this defendant did the
shooting, and by direct evidence is meant
a witness or witnesses who saw the acl
committed. If you have that class of evil
idence, if you believe the witnesses, it re
Quires no effort to arrive at a conclusion
But most crimes have no witnesses.
They are therefore proved by circum
stantial evidence coming from a variet.
of witnesses, which, combined, not onl.
tend to establish the guilt of the party
but are so strongly pointed that way tina
no other conclusion than guilt can aris
from them and are absolutely inconsis
tent with the innocence of the party. /
all the circumstances that you find prove
and established may be true. and yet tn
party be innocent, then the prosecution
has failed.
So that in weighing such testimony tn
jury are required to exercise care, reaso
and judgment of a much higher degre
than is called for where direct evidenc
is introduced.
And if after the exercise of this car
and caution you find that the circun