Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-10-11
IN SECOND DEGREE.
Herbert HoIbrook Found Guilt,
of Wife's Murder.
Sentenced to Imprisonment for Life
in the State Prison.
An Affecting Scene As He Declares His
Innocence.

Pennington, Me-. Oct. 10.-Guilty of
murder in the second degree was the
verdict brought in by the jury in the
trial of Herbert f. HOlbrook, charged
with the murder of his wife. Josie Hol-
brook, in their bedroom at Wilton on
the morning of Sept. ., last. The Jury
was out just an hour and 25 minutes,
coming in at 1925 p. NJ Not many
of the spectators remained in the
court room, as it was not expected
that a verdict would be reached so
early. The relatives were there and
the announcement of the verdict
caused an affecting scene.
Associate Justice Whitehouse in his
charge to the jury at the opening of
court at $50 was considered fair and
impartial. He instructed the jury that
if they found the accused did the act
they must decide upon his RESPONSE
biiity. He explained the division of
responsibility between the court and
jury, it being the latter's duty to de-
termine the issue of facts according
TO their earnest judgment. They are
to determine the weight of evidence.
The State claims that Holbrook held
the pistol from which the shot was
fired. while the defence claims the
woman shot herself. The State claims
there was a motive and the defence
contends that the shot claimed to
have been fired at Holbrook has not
been found. Only two persons were
in the room when the shots We're fired.
the respondent and the dead woman.
Immediately after Holbrook's mother
enter, and testifies that she heard the
respondent exclaim: Josie has shot
herself" He had been drinking, but
the law does not excuse the RESPONSE
bility of any man for his acts whether
intoxicated or otherwise.
The defense claims that he was un-
able to distinguish between right and
wrong. A person may be insane in
a medical sense and yet sane in a
sibility. punishability. In closing.
Judge Whitehouse said: 1T is neces-
sary for the defence to prove. in or
der to show responsibility and i'm
punishability, by the greater weight
of evidence, that Holbrook did not
have mental capacity and response
bility To know that the act which he
was committing. if he did the deed
was an unlawful one and would rem
der him liable to the law.
The jury Immediately retired at the
conclusion Of the charge. at IL o'clock
| After being out just an hour and "a
minutes the jury returned and an
nounced that verdict had been reach
! ed. The prisoner was called in tC
listen to the reading of the verdict
and when it was pronounced murder
in the second degree he was asked
by the court if he had anything tf
saw in his own behalf. Holbrook
! turning first red in the face, then pale
appearing much agitated. said:
! Before this court and God AL.
mighty, l am innocent. I have beer
convicted wholly on circumstantia
evidence
Judge whitehouse then sentenced
him to a life at hard labor in the
State prison.
The scene was a most affecting one
for gathered around the respondent
were his 3-year-old child. his fathel
and mother, Mr.. and Mrs. George Hoi'
brook. and the mother and step-fathel
of his murdered wife. Mr.. and Mrs
James Knowles of Temple. They hat
all been in the court room during th'
| forenoon. When the child wa:
brought into the room. this morning
Holbrook took it in his arms and al
though outwardly calm was eVideht!
| much affected.
While being taken to the Jail Hol
brook had a slight spasm and IS II
a. bad condition. His father, mothe