Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-11-28

When q man willfully and intention
ally kills a human being, and there is
no evidence arising from the proof of
the killing tending to show the con-
trary. the law implies that it was done
maliciously. In contemplation of law,
any act done willfully and purposely
to the injury of another which is I'M
lawful and wrong is malicious.
1t is a maxim of law, crystalized
from the facts of human experience,
that every person charged with crime
is pl asumed to be innocent until prov
&c 20 be guilty. Though charged with
the crime of murder the accused comes
here clothed with this presumption of
innocence. The burden is not upon
her TO prove her innocence. but upon
the State to prove her guilt. The bur-
der is upon the State to establish her
guilt by competent evidence beyond a
reasons BILE doubt.
There are but few words in the Ian
yuage palmer than reasonable doubt.
and none which more exactly express
the idea intended. 1t is d reasonable"
doubt and not an unreasonable
doubt. The very term implies that
there may be doubts which are not
reasonable or rational. 1t is not a
mere possible doubt, for everything in
human affairs may in some way be
subject to possible doubt. 1t is such an
actual substantial and well-founded
doubt as would be entertained by rea-
sonable and conscientious men OF
sound Judgment without bias or pref
u6ice. after calmly and deliberately
Weighing all the testimony. It is not
enough to establish a probability OF
guilt. The rule requires that the guilt
shall be established to reasonable
! certainty, but not to an absolute math.
ematical certainty. The evidence
should be such as to give you full
satisfaction of the truth of the charge
so that you feel that you would do tht
defendant no injustice in rendering 8
verdict of guilty against her.
1t is not in controversy that on the
evening of the 18th day of August
1905. Matte .Hackett came TO hel
death at Readfield by strangulation eff
fectel by means of a hemDen core
drawn tightly with two strands com
rletely around her neck and firmly
knotted with square knot in front
and a granny knot at the back of the
neck.
1t is charged in the indictment thai
the defendant, Elsie Raymond. com
mitted this crime. No one saw the
crime committed and the, State seek;
To establish the truth of the charge in
the indictment by crcumstantial evi.
dence.
All crimes known to the law may be
proved either by direct or circumstan-
tial evidence, or by a combination o.
both. Direct evidence is : that which
relates and applies directly to the main
issue to be proved. Circumstantia
evidence does not apply directly t.
the main fact to be proved. but applies
to other and often numerous facts and
circumstances standing around the
principal fact to be proved. This meth
cd of investigating the truth by cir.
/, cumstances is often characterized as
| a conveyance of rays of light to q
common focus or center. but more fre-
/ quently as the formation of a chain Of
! evidence out of a number of separate
| links. But however figuratively ex-
pressed, the idea to be conveyed is thai
several minor relative facts, no one q
, which is i'm itself conclusive, may b,
f9Ggpa SO nsstfnnradlly ssoeiiatlInIF with th'