The Portland daily press., 1899-06-16
PARKS FOUND GUILTY.
Bat III. Counsel Makes Motion for New
Trial.
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teFhGiAh 10 The fnEs3I
Alfred, June 15.-Ths Kittsry murder
trial ended late shis afternoon with YER
dict convioting Frank p. Parks Of
murder in the first degree. Sentence was
not pronounced, as his counsel filed q
bill OF exceptions and the osse win come
up for arguments ct the July term OF the
Law court In Portland.
The court room was crowded all day,
people coming FROM all the neigh boring
towns to witness the closing scenes in the
drama. Able arguments were made By
Judge S. ". Emery Of Portsmouth for
the prieorsr, and Attorney General W.
7. Hainss for the state.
Judge Wiswell delivered his chaxee to
the jury just before the noon adjourn
ment. He clearly explained what consti.
tutes the difference between the two de-
greee of murder and cited rules OF law ap-
plicable to the case. He said that irre-
spentive of admissions by counsel, the
first thing for the jury to decide was
whether the killing Of Mrs. Tarlton was
done BY this respondent, and, second.
how 1t was done. The jury was instructed
that II the killing was committed while
robbery was being perpetrated or carried
out, the crime would be murder in the
first degrees.
] Coming to a consideration Of the ques-
tion of degree, the judge said that volun-
tary intoxioation Is not defence, but the
respondent In this case alleges that his
intoxication was not volun tary, but was
a kind Of insanity. Ordinarily liquor
drinking is not the result Of mental
disease, though 1t may indicate loss Of
strength OF win. II by reason of some
form of mental disease which would
amount to and be form Of insanity,
man has absolutely lost the power of self
control, and is absolutely irresponsible
mentally, then that would be defence.
The court added that the defence having
SGT up b plea of insanity, 1t Ia encum bent
upon the defence to prove, beyond rea-
sonabls doubt, that the respondent was
insane at the time Of the killing. II rested
with the jury to determine whether the
respondent was sane or insane when the
crime was committed, and that the term
insanity in this connection does not mean
merely weakness of mind or low
stats of intellect, but an actual disease of
the brain.
The jury retired at 1910 o'ciock and at
aso returned its verdict. Parks did not
change countenanoe when the verdict was
rendered, but his parents. who sat near
him, were yisibly affected.
The point upon which the defence bases
its ex Exceptions is the statement In the
judges charge, to the effect 1hat 1t was
eucumbe Mt on the defence to prove that
Parks was insane when the killing was
done. The prisoners counsel maintains
that the burden rested on the state to
prove that he was sane at the time OF the
killing.
1t was learned tonight from one Of the
jurors that on the first ballot ten favored
a verdict Of murder In the first degree,
while the other two wanted to soften the
charge to murder In the second degree.
Considerable argument had to be used to
win over the minority.
The term Of court ended tonight, after
the sentencing Of two Biddeford boys,
Narcotic and st. Pierre, for breaking
and entering. They were sent to the
county jail for six months. Mrs. Lydia
Clough of Biddeford was fined $500 and
costs, on an old indictment, for keeping
q house of i'll reputs.