Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-11-27
Spencer Guilty
OF Murder in
First Degree.

|
! Springfield. Mass, Nov 26.-l3ertram
G. Spencer, Springfields DIR. Jekyn and
Mr.. HYDE. was found guilty a 80 A.
NJ, Saturday, of the murder in the
first degree Of Miss Martha r. black
stone, q school teacher. Spencer, whose
violent outbreaks have been unpreee-
dented in Massachusetts judicial his
tory. received the verdict without emo
ton.
| Despite the latenesS of the hour, the
court room was crowded and hundreds
OF persons waited outside, but there
was no excitement evidenced. The
closing scene of the trial from the
time the jury returned with the YER
diet until court adjourned took but
q few moments. No motions or state
ments We're made by counsel and no
date was set for sentence, which in
this state is death by eleetroeution.
Unmarked as the final hours of the
trial were by any emotional display,
there was an atmosphere of dramatic
teneity in the court room during the
little more than five hours that the
jury had the case under considera-
tor.
shortly before 10 o'clock. Friday
night. after the state and defence had
completed their arguments, Judge John
G. Crosby of the superior court, fin
ishe1 his charge and the jurors filed
out. Judge Crosby awaited their re-
turn in an adjoining room.
At Isl o'clock, Saturday morning, the
| jury came in for instructions on three
points. The first question they sub
mitted was whether a man. if guilty
| OF breaking and entering. with intent
Of felony, was liable To life imprison-
ment or To a sentence of not less than
| IL years. To this the court answered
that the sentence, under those eircum-
stances, was life Imprisonment, and
that if the jurors were convinced that
the accused had entered the house with
intant to commit felony and had then
killed Miss Blackstone, he was guilty
of murder in the first degree, whether
! previous intent to murder had or had
not been shown. The court gave the
legal definition of night In which
| the felony must be committed, In or
! der to come within the statutes. as
| the tire falling between one hour aft
er sunset and one hour before dawn.
| 1t must also be proved that the door
| or window through which the entrance
was made must have been closed, al
| though not necessarily locked before
! the crime would be termed breaking
ard entering.
The next question was whether the
jurors had the privilege of bringing in Il
verdict of murder in the first or second
degree or acquittal by reason of insanity.
The court informed them that it was
their privilege 10 name the degree of
murder. as first or second degree, or 10
announce that they had arrived at the
i conclusion that the prisoner was not
+ guilty by reason of insanity.
/ The third question concerned testimony
regarding whether Spencer had entered
the house in which the murder occurred
/ through an open window or whether he
had opened It. The hustle of the stenog-
raphers at this point in looking up this
matter from the verbatim reports of the
testimony of several witnesses, the rum
ming ABOUT of the messengers, awolee the
sleepy courtroom. 1t took some time to
gather all the testimony, and the jury
did not retire until POI.
! During the customary roll call of the
| jury, Spencer stood up but still did not
gaze toward the men who were to decide
his fate Clerk c. Miles Calhoun asked
of the foreman of the jury Lewis ].
| Spear. if verdict had been reached. AT
the quiet Yes" Spencer looked up quick
| ~ and then again ayerted his gaze The
| clerk asked what the verdict was In a
| clear, firm tone, Foreman Spear an
nounced; Guilty of murder in the first
| degree
Spencer did not change color or waver
| in the least. His eyes bllnked steadily
ahead. He did not seem to comprehend
that so quickly and so simply had his
fate been announced Not until told by
| his guards that he might sit down did
| he resume his seat
Springfield Mass, Nov. 26-Bertram
| eager Spencer, convicted OF the murder
oil Miss Martha Il. Blackstone, a SPRING
| field school teacher, passed today in
very quiet manner in the hospital section
| of the Hampden county Jail No out
break ON the part of the prisoner oc-
Cured during the day, in contrast TO his
! actions at the recent trial In fact he
! has been exceedingly calm since the jury
arrived at the verdict of first degree
| murder.
Spencer had no visitors. today. but he
| talked considerably on matters of the day
| with jailers. although not mentioning
| anything concerning his case He APP
peared to have passed restful night and
| in the forenoon read the papers with
evident interest.
| Spencer Will remain at the Jail here I'M
| til the supreme court passes on the bill
of exceptions which 1t was announced
his attorney. r. p Stapleton. will file.
AS the supreme court does not sit until
next April, Spencer will not hear sentence
! passed upon him until that time. Then
he Will be taken TO the state prison al
Charlestown.
Much sympathy was expressed in this
city. today, for the wife of Spencer and
their two-year-old child, Bertram G.
Spencer, Jr.
|
BELGRADE.