Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-09-18

for The State to show possibility Of
guilt, i is not sufficient for the state
10 snow even probability of ruilt
The proof must Use to that degree of
Certainty that directs the Judgment
ana satisfies the conscience of n rea
sohaple ana conscientious man"
He defined the difference between
murder and manslaughter in plain
language and then went into q descrip-
ton OF taG case on trial
Ire state in this case" said Comfy
Attorney Leigh, lis prepared to show
that young FarnharIl. a week minded
boy. was over-pclsua ded and oyer-in-
fuenced by Payson, to drink an excess
SiNe quantity of alcoholic LIQUORS. that
the same We're furnished by McCJ=nch
and paid &c: by Pdyson. This Door
Dog was enticed into the saloon Of
McClencn and there made intoxicated
so that The ones responsible for his
presence th2ie might have some fun
with him in brutal sport The State
Is prepared to show that the admins
telinS, giving and urging upon a weak
minded boy an overdose OF alcohol is
fore, an unlawful act. which justifies
the charge in the Indictment. man
slaughter. Manslaughter under the
common law is the doing of an unlaw-
ful act which results in the death Of a
human being within one year from the
day Of the commitment of said act. In
this particular case death resulted
within eight hours from the time
L. Z,
large amount of alcohol which the
State will show he did take.
The State in this case does not
claim that there was any malice or
wicked intent to kill. but the fact re-
mains that the boy was influenced by
the prisoners to drink that which in
Very short time caused his death"
County Attorney Leigh then gave a
complete narrative statement Of the
whole affair and stated the claim OF
the government step by step. He
closed by urging the jury to pay strict
attention to the evidence as it will be
presented. For said Mr.. Leigh.
this is q record ma king case. There
is no similar case known in the history
of criminal causes in this country"
Mr., Leigh was warmly congratulated
on his able opening Of the case.
Twenty witnesses were sworn by the
government and at 11.25 an adjourn
ment was taken until o'clock.
At the opening of court in the after
neon. the first witness called was w.
Y. Getchell of Augusta. He testified
that he was 4 civil engineer. Made a
Iian Of the NcClench saloon, 81 called,
JULY II last.
Ey means of a chart witness explain
Cd the general arrangements Of the sa-
loon.
James ". Clough Of Hallowel!. was
the next witness. He testified that on
the morning Of July > last, he arose
at O'Clock. He started to his barn
but before he reached his destiuati IN
he saw bushes. Went further and saw
the moving of mans hand. Toll
Postmaster jewell and JudSon Currier,
Man living on his side with right arm
under his neck. There was a wisp If
hav under his head. Nothing over him
but bushes He was breathing hard.
Witness told his son about the affair.
When witness returned found cap I'M
del the nay There was no crGss-eXaIn-
nation.
lowell. testified that he lived directly
across the street from the residence OF
the nreyious witness, Mr.. Clough.
When told by Clough that a man was
in the field went at once to the scene.
Saw the man and at once pronounced
il q case Of common drunk.
on cross examination witness stated
that there We're no scars or bruises
on tbs, person visible to him. At that
time he called the pulse of the man as
good.
John II. Quinn. a night policeman.
testified that he was notified about
515 o'clock on the morning of July
last that there was a man in the field.
Saw the man. thought ne was dying
ana en- Immediately notified DR.. Milli-
Kan ,hc CITY physician. The stencil of
aIcobol was very noticea BILE. Got team
ana toot the man to the City building.
Man did not live over II minutes after
arrival at the building.
ON cross-eXamination witness tesu-
lied that the night previous to the
finding of the body was extremely hot.
DIR r. A. Milliken testified that ne
| went TO the field with officer Quinn
Made an examina ton Of the man, md
! ing that the action Of the hcart was
: i,rccu,ar His breath was gasping,
showing that he was near MS ehd. He
| mad what is termed the death ra'tie.
! Concluded that the best thing to do
WAS to get the man out OF the heid AT
the time. Reached City nall ABOUT D
O'clock. Didn't give patient any medl-
cine. being positive that the end was
near and that medicine would 40 no
| good. on that day. beginning at ~ IN
! the morning and finishing at O'Clock
in the afternoon. in conjunction WIN
! fCnntinued on page -