Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-10-27
MANSLAUGHTER.
Verdict Of Jury After Being
Out IS Hours.
A Sentence Imposed Of Four Years in
State Prison.
The Closing Scenes in the Tria, Of Mrs. Rose
Carson White.

III Tie tflal OF Rose Carson White fo,
the murder of her husband, brought in
at last verdict of manslauehter Tbe
Judge IMPOSED sentence of four years
in State prison and this trial which
has attracted so much public attention
was at an end.
The verdict caused much surprise
for it was the general expectation that
II would be murder. But when the
jury remained out SO long it was
feared there would be disagreement
There has been no doubt from the first
that Mrs. White killed her husband
and those who followed the trial ex-
pected her to get the full punishment
of the law for murder.
There was good sized crowd in the
court room when the jury filed in al
$50. yesterday morning, haggard and
worn from its all night vigil in the
little room off the corridor. The pris.
oner was deathly pale and occasionally
suppressed sob. It was understood
IN the court room that there had been
disagreement. but before any inquiry
mad been made by the clerk, by re-
quest of the foreman they were again
allowed to retire. At the end of ter
minutes they returned and rendered d
verdict of guilty. of manslaughter.
The judge then thanked the jury in
behalf of the public for the close at
tention they had given to the case and
regretted that he had felt it his duty
to put them to the inconvenience of a
night session. They were then finally
excused.
The following is a report Of ad Ii
tional instructions to the jury, last
evening at 113O:
Murder in the second degree is where
it is committed without express malice
aforethought, but where the circum-
stances are such that the law implies
malice. And there must be malice,
which defined to you pretty carefully,
to constitute murder in the second de-
gree. But it is malice that is implied
by law. or is not expressed before,
"aforethought," is the language of the
statute.
Now manslaughter is where the kill
ing is reduced from murder to man
slaughter where the killing is in a sud-
den ebullition of passion, from provoca-
ton at the time of the assault, something
beyond words, and the person with
out AMY preconceived intention to kill,
under the immediate stress of feeling
or sudden passion, seizes a weapon
of any kind and strikes blow which
causes death. The law reduces the de-
gree to manslaughter, out of tender
ness for human passions and some COM
sideration for acts which come from
irritation and temper suddenly excited.
1t is distinction largely between a
deliberate, malicious intentional kill
ing, from a wicked heart disposed to
do harm and mischief, regardless of all
social ties or duties which constitutes
murder, and a killing as the result OF
a sudden passion, under provocatlon,
as | have defined it to you, without
utter wickedness of heart or purpose
or any express malice or implied ma
lice, and done in the heat of the mo-
ment.
do not know that | can define II any
more definitely. And l may say tha'
| if you are in doubt about the degree
| or whether it should be murder in the
| second degree or manslaughter, 1t Is
safer. in the line of humanity, to fine
| the lesser crime than the larger. JUS
tice can be indicated effectually III
either way, and the suggestion l make
| TO YOU as practical men is whether II
| a portion or majority of your num-
| Der, feel that the grade of the o1ence
should be the lesser offence OF man
slaughter, and some of you feel tna'
| it should be in the second degree, ano
| having some reference to the tralltles
of humanity. and leaning little, II yot
! lean at all, toward the humane side
whether for the sake OF deciding tnt
cause and ending it, it would not DC
better, having this feeling that the evil
dence would justify the higher degree
| to come to the view of the others. 1t Is
| a matter of practical consideration FOL
you. l can hardly advise you about II
| But YOU will look at it as practlca
men, at it's consequences, ana see Wna'
! is the better result.
| A little after the rendition OF ths
| verdict County Attorney Heselton ad
dressed the court asking that sentence
be imposed at the present time.
The Court Ito the prisoner: ~
you desire to say anything before sen
tence is passed upon you? If SO, vii
hear YOU"
The prisoner replied between hel
sobs, Il ask your honor to please De al
lenent with me as you cam
Mr. Whitehouse addressed the cour
as follows: Il wish to say this, may !
please your honor. in behalf OF tn
prisoner. l am aware that she ha
been convicted by jury of her peers
that this conviction has come after
| trial of five days. l am also aWar'
that it has come without any direc
testimony. but. as contend. upon sucl
circumstantial testimony as created
doubt in the minds of some of the Jur.
else they would not have held out unit