Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1899-08-16

bench. They were escorted by the sheritfs
OF the two counties, Noticeable in semi
military dress, and with swords according
TO the formelity OF the period.
3 The hallowed influence of the place,
and the magnitude OF the crime alleged
f., impaired an unsccustomed degree of
soiemnity to the proceedings Mingled
| IN the concourse which thronged the
sacred editice might be seen many dis
/ tnsuished strangers, whom the interest
connected with the first capital trial in
/ this section had drawn from different
/ portions of the commonwealth. Among
tie lawyers were Samuel S. Wilde, OF
/ Halloweil, already in the zenith of that
reputation which elevated him to the
/ judicial sphere hat he so long adorned ;
/ ffent'ss Meilen, subsequently chief JUS
tice Of his adopted state, conspicuous by
bis imposing person aud fascinating man
ners; Benjamin Orr, almost peerless in
persuasive eloquence and skill; and other
noted members of the profession, who,
/ following an old English custom, accom-
4 panied tie court IN It's annual circuit, Of
+ which Castine VAS the ultima Thule.
The accused prisoner was Ebentzer
! Ball, described as a .laborer, late resi-
/ dent Of Robbinston, in the county OF
+ Washington, and the Indictment eharg-
/ ed him with wilful murder of one John
| I1teston DOwnes, of and in that planta-
! tion, ON the 2sth of January, ISL, by
shooting him with gun. A plea Of not
| guilty was entered, and William Crosby,
| Of Belfast and Nathaniel Coffin, of Bath,
We're assigned as his counsel. Mr.. Crosby
was regarded as the ablest lawyer in
/ Hancock county. He possessed logical
mind aud attractive oratorial powers.
| His associate had also a high rank. Hon.
| Perez Morton, of Dorchester, an acute and
| powerful advocate, represented the
government.
AFTER seventeen jurors had been per-
emptorily challenged, the panel was COM
posed as follows: John Brewer, Orrng
ton, foreman; William Forbes, Bangor
Ephraim Goodale, Buckstown; Nath.
Hatch, Gastine; Isaac Heal, Lincolnyille
Samuel Houston, jr., Belfast; Daniel
Johnston, Castine; John Mclntlre, Frank
fort; David Miller, Northport; Frederick
Spofford, Deer Isle; Joseph Perkins Cas-
tine; Moses $. Judkins, Castine.
THE TESTIMONY.
THE witnesses in support otthe indict-
ment substantially testified, that few
days before the homicide, by virtue OF Il
warrant directed to the deceased as a
private individual, because there was no
+ OIL IN ppu g. 4
been taken before Il mag is,rate, accused OF
manufacturing counterfeit money, but
+ evidence being insufficient even to recog-
nize him, he was discharged, and informed
+ by the magistrate that, il further evil
dence should thereafter appear, he should
send Tor him again; that further evidence
afterwards appearing, the mag strate. in
stead OF issuing Il new warrant, " hich the
deceased requested, redelivered to him he
old one; and that DoWnes, With two aids,
startedp in search of the accused who,
being at the door OF his house, and dis
! covering them approaching, went into the
| house, and Immediately after came out
with gun and bayonet fixed upon it, and
pistol, the latter in his right hand; and
j thot hC NhihSu up tue EOdl
Downes and the aids follow ing. At dis
lance of thirty-two feet, Ball suddenly
wheeled around, saying, IL you advance
another step, will blow you through,
and before the words were fairly uttered,
the gun went off, which produced tie
fatal result.
| 1t also appeared that Downes and his
ID Il i
which indicated their intention to arrest
| Ball were spoken. There was no proof Of
OF any attempt to arrest. One wit
ness swore to a declaration made by Ball
soon after the shooting, that he had
blown one mans brains out that morn
| ing, and meant to do it,
mo witnesses were introduced by the
respondent, and his own evidence was
then inadmissibe, He, however, present
I ed an affidavit alleging that two female
members OF his family would testify, il
! present, to his ayowed intention, on the
morning OF the homicide, Of taking the
pistol and bayonet for repairs; that the
| gun was loaded to k III a partridge, il he
might find one on the way, and that by
one OF the witnesses, he expected to show
that the deceased, after the fatal wound,
exculpated the prisoner from blame.
The attorney general admitted that said
witnesses would so testify, and rebutting
evidence, which went to show that one Of
them had declared her fearful apprehen
sion Of Balls views, when he WAS
attempting 20 repair his gun and pistol
the day before, though it did not appear
that she saw or heard anything that
might naturally have excited an alarm in
her mind.
"Mr. Crosby made a logical and ex-
haustive argument in the defense, and
upon the facts disclosed, and upon the law
as ruled by the court, that the warrant
which the deceased had, having been re-
turned, and Ball examined and dis
charged, could not give authority to any