Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-10-30

He said that Mrs. E.aton's mental ca
Dacity should he considered He con-
tinued:
If g. person is incapable iof appre-
ciating that an act which he or she is
about to commit is wrong. then that
person is not responsible criminally.
If persons mind is in such a de-
ranged state that the act may be call
go an uncomfortable impulse. that per-
son is not responsible, although he or
she may be able to appreciate the act
Is wrong"
Judge Aiken commented upon the
fact that the Eaten case is unique IN
that the government is the party con-
tending that the defendant is of un-
sound mind. He said it was usually the
defence that claimed insanity. While
District Attorney Barker as a govern
mept agent, may have been criticized
FOR bringing insanity into his side of
the case. Judge Aiken said the district
attorney was acting wholly within his
rights.
Judge Aiken said that malicious in
tent must be proven, but that a motive
is not necessary"
'"The law raises in the defendants
favor" he said, 1.-The presumption of
innocence. This is enough to entitle her
a verdict of not guilty until it is over
come by the evidence. She is not re-
CURED to prove herself innocent"
The charge to the jury followed by
bitter denuneiation of the testimony
of the defence by District Attorney
Barker. 1T is a disgrace to the
Commonwealth" he said, ito intro
duce the testimony of a convict doc
tor. j. w. Brown, that he prescribed
arsenic tablets for Admiral Eaton.
brand it lie And the same lies have
permeated the whole of the defence {.
The district attorney demanded of
the jury that If they found Mrs. Eaton
had poisoned her husband while I'M
der hallucination, a verdict of mot
guilty by reason of insanity" should
be returned. Then he added:
She is more dangerous than a rat
tlesnake and there is no telling whom
she may hit next if she is allowed her
freedom"
In narrowing his argument down to
his claim that the admiral was not
Respondent, did not contemplate sui
only person, who had opportunity to
administer fatal arsenic doses, the
| district attorney explained poison is
womanss weapon" Then he went
| on as follows:
Mrs. Eaton divorced her husband
and married Admiral Eaton for his
money and when that money was lost
playing the stock market, she reach
/ ed turning point, which led the Ad-
mirai to a grave in Dracut."
The district attorney scathingly ar
| raigned the defence for "Resorting to
an attempt to defame the reputation
of this old man.
| In talking of the alleged mental con-
/ dition of the accused widow, the pro-
seeutor spoke of Mrs. Eatons probate
counsel, Judge George w. Kelley of
Rockland, saving "He tried to get her
, into the hands of experts long ago in
order that they might take care OF
her. Ny heart goes out to the woman
in pity"
/ After tracing the testimony down TO
the Thursday before the Saturday the
Admiral died, District Attorney Bar
/ ker said Mrs. Eaton came home from
nef daughter June > Hoiiit Win 49,
I threat Il will take care of him on
her lips.
''She testified" said the district at
torney, that she tried to get the ad-
miral To sit down and eat another
breakfast Then came the dinner, on
Thursday night, and the experts say
that the Admiral became sick half an
hour after taking the fatal dose. The
doctor came and Mrs. Eaton was told
| to give her husband medicine every
two hours. She did while her mother
was looking.
Later she locked the poor Admiral
up in room alone. Her daughter
: Dorothy's attempt to administer medi-
cine to the dying man were objected
to by Mrs. Eaton Finally he cried
ont I want doctor, I want a doctor
And Mrs. Eaton said The doctor is