Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-11-06
MANSLAUGHTER.
Jury Finds Quirion Guilty After
an Hours OeIiberation.
Sentence Will Be Pronounced by
Judge WisweII, This Morning.
IA Strange Incident at the Close Of The Tria'.
Saturday.

! Saturday was the fourth and last
day of the Quirion trial At the
morning session the cross examination
Of the respondent was continued. The
certified copy of the record If Quirion's
sentence for an assault on his mother
the court The seals We're indistinct
and although in French even the let
ters could scarcely be distinguished.
| They were the seals of the sheriff
| legally certified copy Of the records.
and that it was not admissible. The
! jury was instructed not to allow it to
in any way influence them.
! The prisoner said that he did not
know that it was Roscby who struck
him. He did not know Brassau when
he met him. He did not try to re-
taliate in any way after receiving the
blow on the chin. This concluded the
examination of the respondent.
Octave Audet was then recalled by
{ Ter:l.cnt and was asked if he
l. > ali I...t two OF the PonSpilotes
had stabbed each other He denied
ever having said this.
After short recess the arguments
of Mr.. Sheldon, counsel for the prison.
or. was opened. He spoke nearly two
hours. He was followed Immediately
by Attorney General Haines for the
State. He occupied about an hour.
This was an able reply to the excellent
case made out by the counsel for the
respondent.
When the arguments We're complet-
ed at 12.45 the court was adjourned
until 80 in the afternoon.
When court opened in the afternoon
the counsel for the respondent stated
that he had discovered additional tes-
timony since adjournment. in the fore
noon, which he wished to put in. y
subpoena was made out and officers
were sent after the witness while the
proceedings were suspended.
The result was one of the strangest
incidents of the trial. After a long
wait the witness was brought in. 1t
proved to be Catharine ODonald. She
is a strangers 10 all the parties con-
cerned in the case She has taken
great interest in it and has been in at
I.,,- Cl.. foe
tilted that she had heard Josephine
Dennis, the young lady who acted as
Interpreter for DIR. Thayer and Deputy
Sheriff Getchell when they examined
Roseby, say, after she had testified on
the stand, that Roseby had told her not
to tell DR.. Thayer it was the man then
accused who had stabbed him. This
was all of her testimony. Miss Dennis
was then recalled by the government
and when questioned, denied point
blank that she had heard Roseby say
| this. She had not told the proceeding
witness anything of the sort. She did
not know her and had not spoken to
her.
The court then began its charge to
the jury. Judge Wiswell began by
saving that there were two PROPOSE
tions to be considered in the case.
1. Did Andrew Roseby receive a
mortal wound from somebody from
which he died. Did somebody unlaw-
fully kill Andrew Roseby.
.. Did the prisoner inflict the blow
which caused death; not who did it.
To answer that might be impossible.
But did the prisoner DO it, and if ne
did what was the crime, or in other
words. under what circumstances was
Roseby killed by the prisoner if he did
kill him.
The burden is on the State to prove
the affirmative of these two PROPOSE
tions. A person need not necessarily
prove his innocence. He may rest on
the presumption Of the law that he is
innocent.
Before you can find the affirmative
to these propositions you must Ne Sdt-
isfied beyond a reasonable doubt. That
is doubt, as is expressed by the term
, itself, for which you can give rea-
son. Such an one as a unprecedented
person might give A verdict of muir
der in the first degree may not be
found, but one of lesser homicide.
Was Roseby killed? That he receiv-
ed an abdominal wound was testified
to by DR.. Thayer. That he died at
o'clock, Wednesday morning, has beer
testified by Josephine Dennis. DIR
Thayer testified that death resulted
from the abdominal wound.
He described the wound, it's length
depth and general appearance. If yor
are satisfied with this, the first prop
osition is made out.
He then took up briefly the story OF