Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-11-15
THE ARGUM EMS
Continued from page ~

that the argument of the counsel for
the defense might not be broken in
upon by the noon recess.
In the afternoon. II. NJ. Heath. coun-
sci for the defense spoke for about two
hours in a mastery manner. Follow
ing is an abstract of his arSum, nj:
The members of the panel have
doubtless a feeling of relief on seeing
the end Of long and tedious trial. If
your sense Of responsibility presses on
you as mine does on me you have my
SYMPATHY Whatever the consequences
may be, YOU. as jurors, are bound 70
40 your duty. whatever disappoint-
mcnt it may be to the counsel for the
prisoner or to those Interested in the
case You are not 70 consider any
metaphysical question in the killing.
When the state had made ont what We
lawyers call the prima facie case you
would have then been obliged on your
clths to have brought in verdict of
murder in the first degree. There was,
as the case then stood. malice aforc-
thought and uniusttiable killing.
The law prysumcs the prisoner To be
sane and thc burden of the proof that
he is rot is on the defence. The pris-
oncr through his counsel says that he
was insane at the time he fired the IA
tai shots. The burden is on him TO
prove il. but not in the same degree Of
proof that III necessary in a criminal
ease. but such rs is necessary in a civil
action. Ii is to be supported by Il pre-
pDnderanCe Of evidence. In other
words. on which side does the probable
ity Of that one fact lie. 1t is of course.
q metaphys zeal question. That takes YOU
and me into the realm of science where.
whether the mind is sound or I'M
sound the least is known. 1t must lie
uncertain from the nature Of the case.
1t is interesting. but unknowable.
Little is known definitely of the sound
mind and a great confusion exists
h. STIFF III cf mental disease.
A. c-ae has been worked out
there is one proposition over which
there can be no reasonable controver-
81. That this man is insane. today,
there can be no doubt. II has been adj
mittcd substantially by the state. He
was placed in the asylum by the State.
Fly the statute it is made the official
duty of DR.. Sanborn to examine him
carefully during the eight months he
has been there. During all that time.
- -. -, w., =.
nv -! . ''I ",'' t'ia roi,,dina ~
rartisarshin III his bart to swerve from
the path Of his cold duty. The defence
has not. through power or influence
or money induced prominent special
ISIS to Ike sides one way or the other.
A state official. paid by the State, with
out an element Of bias, as Il STATE
official. says that he has been
insane from within Il few days
of tha crime down to this II
la, H. p,r,,,f+ ~ III. s;,+. ir-
;.1 >-,. tI.,,,,
san H"Sll'"' t',.
Shlr'' VINO Is l''i" "H ''''
lilliue'c' ~ ','', ,...',.i Ill,
I.Sa, , .,.,,,,.;,.r,,.' IA HI ,.n,,.
rho counsel then went On IL explain
the empIovment of DR.. Bancroft. over
,.bi.b tbnrn had been some rou,ru-
,..r.,-
.,. t. ,..,.,,.,,,,r.,+ b,e b...n VIAL
f I'll f,,.n, -. bo,,,tt3i
..,.;.,i:.... i,o,.. 1,..., ,,,,,,',,,,.d
~ tho St,ta. ~ examine him. NJ. arr
nnt even ;u!d ,heir names. nrr "fI
them. however. was the head " the
famous Mclean hospital OF i'"St'H'
jhan Wh"m iher' = none "''''I 10 y "