Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-01-30
"Vannah saws Il was not his act

have said the killing must be un-
lawful and with malice aforethought,
either expressed or implied, to make
out the crime of murder, and have ex-
planned to you as well as I am able
the meaning of the several words and
phrases used
IF the killing is unlawful but with
out malice, it is not murder, but man
slaughter and under this indictment,
according to what you find the facts
to be under the rules which l have
given you, you will return either a
verdict of guilty of murder guilty of
manslaughter or not guilty. provided
you conclude this respondent did or
did not use the gun and fire the shots
which caused Hardys death.
TO repeat. was Hardy killed? Was
he unlawfully killed? Did the person
who killed him do it with malice afore-
thought either expressed or implied?
Did the respondent do it? If Hardy was
unlawfully killed by this respondent,
with malice aforethought, he is guilty
of murder. If Hardy was unlawfuliy
killed by this respondent in the heat
of passion, or sudden provccation
without expressed or implied malice
aforethought, he IS guilty of man
slaughter. If the respondent did not
Kill or was justified in killing he is not
guilty under this indictment
Thus briefly. gentlemen, have
called your attention to only parts of
the whole testimony You have listen
ed attentively and heard it all. You
will remember all the pertinent evil
Ion tel
give the whole your most careful con-
sideration. If during the trial your
minds have been biased by a single
piece of evidence you must now in
your final deliberation place that part
of the testimony on the scales with
all the rest so that it shall not have
undue weight or unfairly influence
your elaboration, and determination.
Let no pride of opinion enter into
your discussion. Listen carefully to
what your fellow jurors have to say.
Examine the whole case from the
standpoint of each individual member
of your panel, and then after such
consideration Of all the evidence, by
reeonciling It where it is conflicting
If possible, by giving credit to that
which is most worthy of credit, and
rejecting that which is least worthy
of belief; having regard as / have be-
fore suggested to the interest, fairness
and bias of the witnesses you then
have a reasonable doubt, such doubt
as / have explained to you is a rea-
sonable doubt of the guilt of the re-
spendent, that doubt must be for his
benefit and your verdict should be not
guilty. If on the other hand, such
doubt does not exist your verdict
must be guilty of either murder or
manslaughter.
The whole matter is now given to
you for your determination. You will
limit your consideration to the evil
dence given you by the witnesses, the
pertinent suggestion founded upon
such evidence made by counsel for
the State and respondent and the law
as charged you by the court"
Judge Beane's charge was Of so min
utes' duration.
Following the charge to the jury, all
the exhibits In the case were found
with the exception of Defendants /
and 2. and states Exhibit 81. The
two former being a drawing of the
umbrella handle alleged to have been
Vannahs and drawing Of the inside
of the door of the Hardy camp, both
drawn by Cora Hardy on the witness
stand The States exhibit was a draw
ing Of the umbrella handle, drawn by
Mrs. Hardy at the request of County
Attorney Fisher After searching for
some time the jury retired for delib-
Grafton without the exhibits. A few
minutes later all three of the draw
ings were found intact in the fire.
place, where they had been put by
mistake.