Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-11-16
IT is MURDER.


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way to influence your judgment by any
expressions of theirs. either of APPROX
al or disapproval on any part of the
case. | say this to my mind. gentle
men, is a sublime spectacle that should
make us proud of our State and coun-
try and that we live in Il community
that can govern and restrain itself il
spite, perhaps, of provocatlon, anu
calmly await judicial examination and
Judgment. Everyone concerned IN In~i
trial. up to this point, has done his
duty fully and completely and | think
in the proper spirit. Now comes my
final duty. 10 explain to you the rules
Of law ana To illustrate, 50 far as can,
how the evidence applies TO those rules.
Then will follow, gentlemen, your high,
responsible and solemn duty. which is,
from all this evidence ana these arGu-
ments. to find out the eternal living
truth of this question without regard
to consequt find out simply the
truth: and the entire State looks to
you to find that out without fear or
favor. without sympathy or prejudice
~ as your judgment of what that truth
is.
The presentment made by this State
against this man. Bradford Knight. is
that on the seventeenth day of Febru-
airy last, Of his malice aforethought he
did kill and murder one Mamie Small
charging him with homicide in the first
instance. that is, with thu unlawful kill
ing of a human being.-and oh lrging
him further with u homicide that in its
aggravation and its turpituda amounts
to murder in the first degree: that is.
not only did he unlaWfully kill Mamie
Small, killing her without right. with
out authority. killing her unlawfully.
but that he killed her Of his malice
iforethought express malice lfore-
thought As has been said the word
la.t"' docs not signify in law hat
Y cr ;!-wiN. Il heOa not appear that
the murderer hated the person on de
sired 10 Wreak somebody ill-Will. 1t
means that he did it with a deliberate
intent 10 40 that thing. Express malice
aIorethought means the express DELHI
life; that when he fired those shots he
did do, that is. with the express intent
ana deliberate purpose of taking human
life; that when he fired those shots he
then had in his mind the express pur-
pose Of deDriVing that girl of her life
But, gentlemen. il is not the body
If Bradford Knight that the State
presents here for trial. 1t presents
that part of Bradford Knight that we
speak of as the mind; the soul: the
spirit The State does not ask that
The body of bradford Knight be con-
victed or that it be punished The
Stat" simply presents the inner soul of
Bradford Knight and. if that is found
to be guilty. the State proposes not to
punish the body. but to reach the soul
through the body. The law recognizes
that it is the mind that moves the
body. When the arm is moved or the
foot. or any bodily motion is made. il
is the mind within that moves it. ana
it is not the motion that is investigated
% much as it is what is behind the
motion Of the body. The mind mani
TESTS itself through the body. | Get my
mind out Of my body through bodily
motion. ! get into your mind through
your bodily senses. | formulate in my
mind ideas. | give them out through
certain muscular motions Of the chest.
ll4t ItIIptl ana inc tongue. ana tDeN
reach your minds through your ears
ana through your eyes as you see my
gestures and the expression Of my
face. 1t is the mind all the time that
We are inVeStiea ting. The presump-
tion of law is that there is always the
mind behind every action When you
see a man doing anything you under
stand that il is his mind that is doing
it. As You sec me touch this globe
with my left hand you understand it is
the something in me that is putting
my hand on the globe. my mind is act
ing through the body. So, then. it is
not 50 much the body of Bradford
Knight as his mind, his purpose. which
is being investigated
To prove the prtsentment in the
first instance the State has introduced
evidence tending to show that, upon
the 18th day of February last. Brad
ford Knight was acquainted with
Mamie Small: had married her sister:
had been intimate with her. probably
t. an undue degree. | think there is
no question but that he was, as we
say. criminally intimate With her; had
sexual relations with her, forbidden by
law ana amounting to the crime Of
adultery: that he had known her many
wears: that on the afternoon Of Fcbru
ary 17th shortly after or about dinner
time he was on the other side OF the
river in the town Of Randolph inquir-
ing for the residence of the man with
whom Mamie Small at that time was
boarding: that he went up to the resi-
dence and then came back. He is
afterwards seen going to Augusta.
then going back To Gardiner, and IS
seen in the evening upon the common
in Gardiner. as you have heard de-
scribed by a witness. walking back and
forth alone in the walks of that COM
mon. Then it appears by another VIII
ness that Mamie Small in the evening
left her boarding place upon the Ran
doIph side with a young boy. came
across the bridge into Gardiner and
passed up by this common where ne
was walking back and forth; that he
came out and addressed her and IN
ouired what the trouble was ABOUT,
and that she replied to him Sharply
that. if he did not let her along, she
would make trouble for him; that she
thereIpon started to run ahead ana
turned into 4 walk, past a house. INTO