Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-06-19
EVENLY DIVIDED.
Jury Cannot Agree in Case of
Giddings vs.. PercivaI.
Case of Exceeding Interest in All
Parts of Kennebec County.
Able and Convincing Charge to the
Jury by Judge Hall.


that has been on trial all this week, Mr..
Heselton concluded his argument for
the plaintiff at $50 o'clock last night.
The court came in at $50 o'clock this
morning. The charge to the jury was
completed at 1915 and the jury retired
At $50 o'clock this afternoon the jury
reported there was no possibility of an
agreement and they were discharged
from further consideration of the case.
1t is understood that the jury We're
about evenly divided.
Following is the charge in full:
Mr.. Foreman and Gentlemen of the
Jury: This is an action in which the
plaintiff contends that the defendant
took from his possession a certain
amount of money and has converted it
to his own use without the plaintiffs
consent; to recover the value of the
money which it is claimed the defend
ant has wrongfully taken from the
possession of the plaintiff.
The charge as developed by the testi-
mOny, involves q criminal charge, be-
cause it is claimed on behalf of the
plaintiff, that the defendant took this
money wilfully from his possession,
and has retained its possession. So
that although the suit is civil in it's
nature it involves criminal charge
against the defendant. Now it is nee
essary in this case, before you can find
for the plaintiff, that the plaintiff
should satisfy you by fair prepOn-
dnr1nnn nj no N in
his possession a certain amount of
money on tht 18th day of August, 1902,
as it is not cOntendcd that it was upon
any other day. 1t must also appear to
you, from q fair preponderance of the
evidence, that that money was taken
by the defendant and has been con-
verted to his own use. Now it is very
rare, gentlemen, in a civil case, that
SO much interest is awakened in q
community when it is charged the
events occurred, as is the case here
You find that nearly all the inhabi-
tants of the little village of Weeks
Mills, and in fact, extending largely
through the town of China, have been
interested in this case, more or
less, so that the evidence has de-
resulted upon one side and upon the
other; because it is charged that quite
q large sum of money has been virtual
ly, practically, stolen from the plaintiff
who was a man unable to meet with
such a loss without great Inconvenience
to him. SO that in view of the testi-
mony you must consider, gentlemen,
this condition of things in the neigh
bOrhOod where it occurred. Look care
fully to see if the witnesses who We're
summoned here and testified upon one
side and upon the other have taken n
partiZan stand, or whether they APP
peared to testify without interest, bias,
prejudice or undue sympathy for either
party. Now sympathy, gentleman, is
very excellent attribute of human
nature when properly used, but in the
trial of a case in court jurors must be
exceedingly careful not to allow their
sympathy or prejudices to override
their reason. They must not allow
their sympathy for one party or the
othcr-their prejudices against one
party or the other, as they may be in
fucnced by the testimony upon the
stand--to interfere with their judg
mcnt of the facts in the case as shown
by the evidence.
Now either Mr.. Percival took that
money or he did not If he took it and
it is proven by a fair prepondcrance Of
the evidence, You must find him guilty,
no matter what your sympathes may
be for his age; no matter what your
prejudices may be as imbibed from any
tac in r. n Of
Hut unless it is proven to you by fair
prcponderance of the evidence, gentle
men, you must not find him guilty, no
matter what sympathy You may have
for the loser of the money.
In approaching this case be careful
to look at the evidence only, and the
law. Another thing that it is neces-
sary for jurors to keep constantly in
mind in the hearing of a case which
has enlisted to such an extent the sym
pathies or prejudices of the public, in
vOlving Il criminal charge, is to look
and see if the witnesses are possibly
biased by interest, relationship friend
ship, or in any other way. Weigh the
evidence of witnesses in the light of
any apparent interest which he or she
may appear to have in the case.
Now coming to the facts, gentlemen,
what is the plaintiffs contention? He
says. in substance, that on the 18th day
of August, 1902, he had in his possession
q certain amount of money which he
now claims by his amended writ 10
have been $203 in money. He says that
on that day he left that money in
pocketbook in the inside pocket of his
coat, which he left upon a box in his
stable, at about 5 o'clock in the af-
ternoon of that day, and went to his
house, by reason of Illness, leaving it
there. That in the night, remembering
his money. he looked under his pillow
for it. Not finding it there he began
to search, and has not been unable to
find his money. That after making
search and being in doubt
as to the amount, for a time which he
had in his pocket, he afterwards-a few
weeks-learned that this defendant had
made a confession in which he con-
fessed that he had taken this money,
but did not desire the party to whom
he made the confession to communicate