The Republican journal. [volume] (Belfast, Me.) 1829-current, 1898-01-20
The Elliot-Leavitt Shooting Case.


Edmund Elliot found "Guilty of Assault
with a Dangerous Weapon with Intent to
KILL" and Sentenced to Four Years in
State Prison.
The case of the State VS.. Edmund Elliot,
which was on trial and partially reported
last week continued through the day Thurs
and portion of Friday forenoon. The de-
fense had just begun when The journal
went to press last week, and we then gave
summary of the line of defense as an
nounced by Mr.. Dunton in his opening.
Edmund Elliot, the prisoner, took the
stand in his own behalf and testified to the
particulars of the affair and some of the
events before and after it. His account
particulars, the only one of any moment be-
ing that she took 81 besides the change
which she testified to from his pockets that
he did not ask her to get liquor or medicine;
and that the first shot,and perhaps two, were
fired while the revolver was in her hands.
and while he was trying to take it from her
Alvin 7. Condor testified to working in
the same shoe shop with Elliot in Rockland,
Mass, few years ago, and that he found
him an industrious and peaceable man
W. L. Hanson, foreman of the department
of Critchett, Sibley & Co.'S shoe factory in
which Elliot was employed, testified that
the prisoner was of very uneven temper
that he had frequent spells of surliness,
irritability and nervousness, but otherwise
was good workman, and industrious.
Lleweilyn Jipson, police officer who
assisted City Marshal Norton in arresting
Elliot, testified that he was with the prisoner
all the thing .-s;::s :tio arrest un1il lie arrived
at the Jail and did not hear the conversation
about the shooting, the intended suicide and
the razor as testified to by the Marshal.
The evidence for the defense closed Wed
nesday afternoon and the attorneys argu-
ments were opened Thursday morning.
Mr.. Dunton, for the defense, admitted the
assault, but denied some OF the other allega-
tions in the Indictment. In this case the in
tent is charged in the Indictment, hence the
condition OF mind OF the prisoner is to be
taken into account. He then defined the
two grades of killing of human beings,
applicable to this case-murder, or the
unlawful killing of a human being with
malice aforethought; and manslaughter, or
the killing in the heat of passion and under
sudde, provocation, or in self defense. The
indictment charges assault with da;;,p,r
GUS weapon with inta11. TO kill and murder
This. by be either the full crime as
.Aarged it may be assault with intent to
kill. (and not murder or it may be a YER
diet of not guilty. 1t all depends upon the
condition of mind of the respondent. The
defense does not claim that the shooting
done in self defense. Mr. DUntou next
reviewed the relations which had existed
between Elliot and Mrs Leayitt, no were
lovers in early life, but who after her mar
rage were away from each other until about
year ago when she came To Belfast and
their intimacy was renewed. He was suf
fering severely from rheumatism, and his
bodily intirmities affected his brain. After
boarding at her house awhile he had trouble
with her husband and left, after which she
visited him often at his room. He furnished
her regularly with money. 1t was a guilty
=
followed him up after he left her house. The
wife sympathized with Elliot and furnished
him a v eapon called a black jack, "a sort Of
sung shot, with which to defend himself
against her husband. When she took the
pistol from under his bed she was taking rs
property from him, which she had no right
TO do, and he was justified in using neces-
sary force to recover it. The defense claims
that Elliot was not responsible for his acts
ct the time of the shooting on account Of his
mental condition. That it was not a pre-
meditated attack is shown from the fact that
he made no attempt TO escape, but gave him.
self up at once to the lawful authorities.
County Attorney Bowden argued the
case for the State. He also briefly reviewed
the previous relations of the parties, from
the early courtship 3ywn TO the time OF the
shooting This woman did all she could for
the comfort and happiness of the respond
ent. Eveu had she been his own wife she
could have done no more. He was jealous
of her husband, and his threats were made
and the trouble always occurred at times
when there was a reconciliation between
Mrs. Leavitt and her husband His remark
when he left the shoe factory, 81 shall do no
more work, )" would Indicate that he intend
ed to do something out of the ordinary
course, What was that, as shown by subse-
quent events, except to kill the woman and
himself? One of his first acts was to buy
revolver: he made no trouble about the loss
of the money which she took. Would that
be expected of man who was preparing to
90 to New Hampshire and had but little
money? His testimony on the stand, in
which he perfectly remembers all the mi-
mute details of his life does not indicate in
sanity. His mind appears perfectly clear.
Judge Wiswell's charge to the jury was
brief and clear The jury is to decide, he
said, whether the prisoner at the bar is
guilty of the whole offense charged, of some
lesser offense of the same nature, or is not
guilty. The Indictment charges assault
with a dangerous weapon with intent to kill
and murder. The verdict may be of "guilty''
which includes all the that is alleged in the
Indictment, i. e., an assault with d danger
Gus weapon with a premeditated intent to
kill the woman. 1t may be guilty of as
sault with a dangerous weapon with intent
to kill, - which does not include premedita-