Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-09-25

of Longfei How in the comrnurit,, g..
truth and ve-acity was bad The POW
ton boy and the johnson how et,toa
that Farnham one night drank some
whiSkey. On CroSs-eXa miration tbev
testified that they had known Farm
, han for some years but had meyer
known him to drink but on,e and II
was brought out that Farnha,p to,k
swallow of liquor al the Ross stah'e
but only I swallow, saving t>,ot be
didn't like the stuff. So desperate L. ia
defense that it set up the awful drunk
cnness CT Frederick Farnnan hut !,
only proved it in by two instances II
the boy drank old cider it was Nv tho
influence OF others. The STATE does no.
contend that Payson or McClench pre-
mcditately go: Farnham Intoxicated
but they urged and persuaded him to
drink. The State claims that the act of
young Payson in getting Farnham full
was Il miSdeineanor. Have yo,, ary
doubt that Farnham was a weak mind
Cd hoy" He told persons that he was
going with Z circus and that he vast,
play on the Garrity base ball nine at
$50 pcT month. When he was told that
he IVES being STUFFED" he would not
believe it. And it was given in r. sti-
mony that he was dull in comprshf n
sion and could not keep up with the
students Of his class. played with chill
dren several years his junior and spent
all his money for candy and peanuts.
There is testimony in this case that
Charles l.. HdySnn WAS on the bank at
the Clarity base ball field one evening
WIEN Falnham WAS playing, 50 that
ne mist have seen the dead bow
Crimes are rot committed IL the bro d
gaze of the people. so that the govern
ment was obliged to 80 right into TIE
camp Of the enemy. Seine of the wit
nC:sses for the state We're unwilling We
were obliged to get the testimony of
bar room loatcIS and habitues Of the
NcClench saloon. Chester Benson stat
I'd that re heard Payson say to Farm
ham: Come in and have u drink"
Farnhcm replied tina; he did not da.e
-. Put in crosse examination Benn ~
stated that Earnham said that he had
no money to retiprocate. P3yson or
dcred and paid for al the drinks and
not a single soul dra nix with the exoep-
zion Of Payson ana Fafnham. Pays0n
also suggested the changing of the
a
placed his hand on Farntam's shoulder
ana said: come On and have another
drink" The testimony shows that they
went into the saloon at 9.15 O'Clock ANA
that they drank every few minutes.
Not witness placed the time ABOVE
five minutes between each drink. If
they drank every five minutes ni-e
would have been taken before closin;
~ time. The Flinham b. ~ did MT buy
any liquor that night. MCClench he /
hind the bar dealt out ale gin. 1u'a
ard whiskcy TO Payson and a weak /
minded boy. l don't want 4 verdict
against Frank \. McClench for selling
liquor nov. After III" fifth Or sixth
drink il was brought out that Fa,nhan /
stated that it tasted pretty good ana
that IVES the only remark made by him
that e.cn:nE. 10 YOU believe it? That I
nU thor conVersa tiGn was m &c by the ,
d.4I hu- shows strong poiut FOR "
government. If the re is NJ law if er-
son FL. anyone up causing death ~ Z
the n"mo Of God and Humanity he 9
should BE. Fred 4. Purirton state
under oath that he heard PaYson say:
II am going to fill him up m a.inr
Farnnam and that decifrati n stands
uncontradicted. Their. is NJ eyiG n 4
that l'arnham knew the effect of mix
a liquors. | want tile jury to remeni-
Der the testimony OF Mrs. Howe ANA
Iirs. Morton when they said they
heard MCClench say: Look at the two
-- fools. | don't know which Is
the biggest fool" Was Farnham moved
from the High school yard TO the field |
50 that he would not be arrested? No,
il was because McClench wanted TIE
boy moved SO that the night watch
would not see him. If it was not for the
unlawful acts of Payson and McClench
Frederick Farnham would be alive. to-
!ay. Tarnham went to that saloon IN
his sober senses but came out drunk.
McClench behind the bar served the
liGuor and Farnham drank 1T the So
iicitation Of Payson.
At 5.lS O'Clock County Attorney
Leigh concluded his argument.
His Honor Judge Hall, addressed the
Jury as follows:
Mr.. Foreman and Gentlemen Of the J1r>
You are now soon t. deliberate upon
h.. fact Of TIE quit or innocence 81 poth
or one Of the two prisoners at the bar
WHO ar. accused Of the serious offence OF /
having uulawfuIly caused the death. on
the second Gay of July last, IN the ely
Of Ialloyp' Of one FREDERICK FaIEnlliI /
When YOU were called to the jury box
van were ASKED certain questions for the
nurnose of ascertaining whether or n0t
YOU had formed opinions az 10 the guilt
or innocrncc Of these men which would
bias vour Judgment and SO make you I'M
Mt Jurors Ia lit in judgment upon them
Yo,Ir answers showed YOU to be free from
bias and omen to conviction ~ the eNi- (
dencc The accused. as the county at
tornpv forcibly reminded you in AS open
ing statement Were to ~ rcEarueu ~
Won as innocent OF the crime charged III
this inCi,t merit until all presumption Of
their Innocence should be oNerborne by
., violence beyond reasonable douht. 81
their guilt The term reasonable DOUBT
is main enough to be understood. per !
hans hut orr courts have attempted To-
make lts meaning more clear ny a deiini-
ton of the term. It is said 10 be such
,pi,bt III must he Wei groIbdcd-onc ior
which IN Intelligent reason eau be given
mot - msr., speculative GJVlt. \ rc1- /
soflabIr doubt is q hesitancy 10 act-un-
certainty of mind by reason Of imper-
feet or insufficient knowledge to enable
one to decide with 4 clear CONSCIENCE.
our own supreme judicial court has de
fined il AS Il uou.> which may be d.s- ,
cerned hy sensible rcCpe.
So that if yol. lind yourselves hesitat ng
to determine Any material fact against
The prisoners on account of insufficient
evidence vou should not determine that
fact AGAINST them, bat, as it is popularity
said, give them the benefit Of the doubt.