Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-04-22
SUPERIOR COURT.
The April, 1899 Term. Hon. 0. G. Hall
Presiding.

| w. s. CHoATE, Clerk.
! a. l.. MCFADDEN. Sheriff.
II. A. SMALL, Stenographcr.
Augusta, April II.
| The arguments in the case of State
VS.. Merrill and Priest, were com
menced this morning. Judge Phil
brook occupied one hour and So min
utes in his address to the jury in be-
half of the defendants and Mr., Hesel
ton. for the State, one hour and Is min
utes.
Court came in at go in the after
noon. and Judge Hall charged the jury,
occupying As minutes. Among other
rules of law given the jury was the
following:
If you are satisfied from the evidence
in this case, beyond reasonable doubt
that the defendants, or either of them,
with the assistance or encouragement
of the other, with the intention to make
Bushby drunk, or to impose upon him
for their amusement, persuaded him to
drink intoxicating liquors which he
swallowed until his reason and judg-
ment were affected, and that the de-
PENDANTS continued with such inten
ton in reckless, and wanton sport to
cause him to swallow such liquors until
he was helplessly and senselessly in
toxicated, and if in consequence of
such condition he met with injuries
which caused his death, 20 days there
after, the respondents are guilty of
manslaughter. And in weighing the
evidence as to the nature of the act the
jury may take into consideration the
age. physical condition and mental
CT OF If p,,c Il t.. ,1,,. cal
to drink intoxicating liquors. 1t is not
unlawful to urge a man to drink, how
ever immoral it may be considered by
some. And if they were all drinking
together. and Bushby drank to excess
voluntarily, the respondents would not
be responsible for the results of his in
toxication. 1t is only in case that the
respondents Intentionally and wrong
fully caused his intoxication. that they
are responsible for the results. and the
Wrongfulness of the act would depend
somewhat upon the capacity. strength
and mental character of the person
who was induced to drink. In case of
a child or an imbecile. or a person Of
weak mind and will the wrong would
be greater than in case of man in the
full possession Of all his faculties. The
State claims that Bushby was mentally
weak. ] do not understand that that
fact was controverted in this case.
You have heard the testimony touch
ing that point. and it is for you to con-
slider. under all the circumstances of
the case, what his mental condition
was upon that night as bearing upon
the question of whether he was unduly
influenced to drink intoxicating liquors
or not.
The case was given to the jury at
3.15 O'Clock.
The jury returned into court al
O'Clock. and returned a verdict Of gull
ty in the case of Merrill and not guilty
a 5 20 Priest Priest was then discharg-
ed from custody and Merrill gave bonds
in the sum of $4,000 to prosecute motion
and exceptions for IA new trial.
Saturday morning. the county attor-
ney will take up for disposition those
criminal cases that are in order for
sentence.
Civil cases in order for trial beginning
Monday, April u:
156-Baker vs.. Smart. w & B.; Leigh.
25l-Spauldng vs.. Hathorn H. q A.;
Goddard.
329-Leighton vs.. McGuinness. Sheldon;
3ii-Packard vs.. Bean. W. < B.: Atkins.
367-Reney vs. Doyon. ". & B.; Sheldon
;i65-Moore vs.. Jones. w. x E.; $. & l..
TitcOmb.
TUESDAY, APRIL ..
3o7-Worsley V Booker. E. ". W;
Leigh.
3i5-Bailey vs.. Currier. Atkins; Il. & 3.
309-Hervey vs.. Briggs. W. * B.: Dun
tons
29s-Chase VS.. Gray. Perry: Atkins.
25l-Giddings vs.. Bradstreet. Atkins:
Cornish.
WEDNESDAY. APRIL %.
361-Whitehouse VS.. Maher ". x F.: "
x r.
l02-Gardiner vs. City of Augusta B. x
B.; Leigh.
326-Fosom vs.. Field. Jones: L. W. W..
Hunton.
292-Pulen vs.. Hamlin. Hussey; Phil
brook.
2S6-Hill vs.. Weeks. Eaton; Johnson.