Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-11
THE ThAW TRIAL.
CONTINUED from Page Five.)

death of the person killed. If it is COM
mitted without generalization or deliber-
atom. but with a design to kill, it is mur-
der in the second degree. If the homicide
q committed in the heat of passion, with
ont design TO kill hut with a dangerous
ueapon, il would he manslaughter in the
frst degree. All lesser criminal homi-
tides are classed as mansianghter in the
second degree
Homicide which is not criminal is
classed as iustifable or excusable Homi-
ride is justifiabe when committed in the
lawful defence of the slayer or his wifi.
mr. children. brother or sister, master or
servant. or other person when there is
reasonable ground to apprehend that a
crime is about to be committed against
such person and there is imminent danger
Of the design being carried out.
"Homicide is eXcusabe when by acct
dent or misfortune it is committed in
lawfully correcting a child or doing some
other lawful act in a. lawful way.
Homicide is also excused by insanity
The law is contained in Sections 20 and q
of the penal code. Section 20 says an act
done by an imbecile, idiot, lunaDtic or in
sane person is not a crime This language
is very broad and would at first glance
appear TO apply to all persons of unsOund
mind with regard to the degree of the
insanity
But Section q limits Section 20 as fol-
lows: A person il not excused from
criminal liability as an idiot, imbecile
lunatic or insane person except upon
proof that at the time of committing the
IL 11l,1 4.
defect of reason as either not to know
the nature or quality of the act or to
know that the act was wrong
Before murder in the first degree can
he DONE u distinguished Jurist has said
it must appear that there was some act
of delberation and generalization. This
Of necessity is for the consideration OF
the jury. What may be deliberation and
generalization in one man might fall far
short IN another. Men differ physically
and mentally. Each case must depend
upon its own facts one case may be.
proved by a dong train of circums tances,
another by few sharp facts.
Ard in sim another case the Jury may
find in the act, in the manner in which it
was done. the weapon used the time and
the place. the disposition OF tho victim,
everything necessary to satisfy them of
the presence of deliberation and premedi-
taton.
IF You are satisfied that there was a
design to effect. the death but without de-
liberation and reconciliation, you may
find muir Ter in the second degree. The
defendant may be convicted under this
Indictment Of murder in the first or sec
Ond degree. or manslaughter in the first
degree
when il appears that the defendant
committed a crime and th.'re i reason
able doubt Of which degre" he is guilty
he can bc convicted Of tn" loves Gnlv
AS ! have tried to impress upon You
since this trial began the character Of
tie victim furnishes neither exruS, nor
Justification. The general character Of
The victim is not the issue. and no mat
ter how had nc may have been lie was
entitled to the protection of the Jaw
1.-The personal avenge or private or
public wrongs is not recognized under cur
law. Every person is under the protec-
ton of the law. good or bad. exalted or
humble, all are alike covered by it;
shield.
THE plea of not guilty. is a denial of
the defendant, and such evidence may be
presented as will offset those allegations
and establish his sanity at the time of
The commission Of THE act. The law pre-
sumes that sanity is the normal condition
Of man, and where insanity is the plea
as the condition of mind of the defendant
at the time of the act, that becomes the
crucial question of the jury to decide.
"If there existed in the mind of the de-
PENDANT an insane illusion it is not an
excuse unless the Illusion is of such a
character that if true it would result in
his injury.
Proof of partial or incipient insanity is
not sufficient as an excuse. The settled
law of the state is that so long as that
power to appreciate the nature and quail
ity Of the &C; is resent. no man must
commit crime if he would escape the con
sequences
III he cocks. aims and discharges a re-
volver, as it IL alleged here, did he know
when he cooked and fired the weapon
that the act was wrong and that it
would probably destroy a life. and did
he know that the act was forbidden by
law? That is the question which the law
must have answered.
Under the rule of evidence the story
claimed by the defendants wife to have
been told by her to the defendant, is I'D
mitted not as affecting the character OF
The deceased. hut that You might con
slider what effect such story had or the
defcndants mind. In considering her
story her credibility as q witness is high
~ material ana everything that she has
said or done must be taken into Consid-
etalion. Her admissions regarding the re-
iations existing between herself ana III"
defendant prior and subsequent to this
tragedy and prior to her marriage. or
any other act should he weighed in con-
hection with the story
A wide latitude was allowed on cross
examination. You should give due credit
10 all that was developed along with 9th
er facts. The letters, the will and the
codlcil which are before you were no:
united under any ruling as to their com
P'ency, but by consent of counsel.
There has been no denial entered here
mat death resulted from pistol shot
WOUNDS inflicted by the defendant