The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1862-12-10
NATTER ABOUT WIN.
Supreme Judicial Court.


CRIMINAL TERM.-Fox, j., PRESIDING.
TUEsDAY.-The traverse juries were i'm
panneled as follows:
First Jury.-Wm. L. Alden, Foreman, Port
land; Geo. W. Barnes, Harpswell; David
Boothby, Baldwin; VIM. d. Boothby, West
brook; Joseph Garland, Benjamin Dunnlng,
Brunswick; Joseph Clough, Cumberland;
VIM. IL. Dyer, Gorham; Lowell w. Foster,
Harrison: Cad Hitchcock, Yarmouth; Geo.
E. Soule, Freeport; Daniel Skillin North
Yarmouth.
Second .Jurg.- Thos. L. Smith, Foreman,
Windham; Joseph Knight Falmouth; JON
athan b. Matthews, Frederick G.. Messer,
Portland; David ID. Mariner, Cape Eliza
beth: Ebenezer Moulton, Standish; Hen
ry Mouton, Scarboro'; John Newman,
Westbrook; Chas. Paine, Gorham; Nathan
lei Patten. Bridgton VIM. III. Randall,
Pownal; John Sawyer, Raymond.
Supernumerdries-John Wells, New Glouces-
ter; NJ. F. Winsow, Otisfield; +. w. Bailey,
Hall l.. Davis, Charles j. Morris, Portland.
Ambrose F. Wight, Naples.
Isaac Smith, the lad indicted for the murder
of the boy Walter S. Jordan, was arraigned.
Hon. J. II. Drummond, Attorney General, en-
tered a mol pros. as to the malice charged in
the indictment, thus reducing the crime to
manslaughter, to which the prisoner pleaded
guilty. After some remarks by Mr.. Drum
mond, in reference to the sentence, and Benz.
Kingsbury, Jr., counsel for the prisoner, in re-
lation to the conduct and character of the boy,
Judge Fox addressed the prisoner, reviewing
the testimony which had been taken on Mon
day. He said it seemed to him that Smith had
long been neglected by his mother and his
step-father-the latter of whom was a low, dis
solute vagabond and the former seemed not,
from the time of the homicide to the present,
to have manifested the slightest concern for
her sons welfare. 1t was the opinion of His
Honor that the boy had been but a piece Of
driftwood upon the current of society, floating
hither and thither, with no one to guide him
in the right way After relating the circum-
stances attending the homicide, J1dge Fox
sentenced the boy TO the State Reform School
during his minority, which will extend to
April 20, 1871. If not there held and detain-
ed during that time, or discharged by the trus-
tees of said school, according to law, then to
hard labor in the State prison for the term Of
ten years. The lad manifested great deal of
emotion, and wept freely while Judge Fox
was addressing him.
Stephen Phinney, of Raymond, was brought
before Court by a cdpias. At the August
term in 1854, he was convicted of assault, with
intent to kill the aid of an officer who was en-
deavoring to arrest him. Exceptions were
filed and argued before the full Court and, in
August, 1857, the opinion of the Court was
rendered, overriding the exceptions, and rem
eering judgment on the verdict. Cdpidses
have been issued several times, but the prison.
er had evaded an arrest until recently. J. II.
Williams, ESQ.,, appeared as counsel for the
prisoner, and, after some remarks upon his
character, wished judgment continued until
next term, in order that time might be afford
ed him to produce evidence regarding the
conduct of Phinney. The Court declined to
continue the case, and, after some remarks up
on the crime committed by the prisoner, and
the duty of the Court to protect officers, and
rhat persons should learn they could not resist
officers of the law with impunity, sentenced
Phinney to three years in the State prison.
State cs. Jeremiah Raglan, for breaking and
entering the "Quimby house," in Westbrook,
with intent to commit larceny, was tried be-
fore the first jury. NJ. NJ Butler, County At
torney, for State, and ]. O'Donnell, ESQ.,, for
the accused, No evidence was offered on the
part of the prisoner, but his counsel contend
ed that there was no proof that he intended
to commit larceny; intimating that, in a
state of intoxcation, the prisoner had wander
ed or stumbled into the house, with no intent
to steal The jury returned verdict of gull
ty. Mr.. b. then stated that Raglan had been
previously arrested and sentenced TO State
prison for stealing. Judge Fox sentenced him
to two years in the State prison.
Levi S. Owens, indicted for compound larce-
ny in stealing from the boarding house of Mrs.
Charles coat, two pairs of pants, vest, two
Shirt, and a watch, the property of some of
his fellow boarders in that house, retracted
his plea of not guilty, and, under advice of
his counsel, Mr.. O'Donnell, pleaded guilty.
He was sentenced to imprisonment in the
State prison for one year. The prisoner APP
peared much affected at his sentence.
Daniel Ward was put upon trial for larceny
of $40 from the person of Mrs. Elizabeth Don
ahue. This is the case where the money was
stolen from the stocking of Mrs. ID. while
it was on her leg, and while she was asleep.
No evidence was offered for the defense; but
Mr.. O'Donnell, counsel for Ward, contended
that Mrs. Donahue was intoxicated, and that
Ward took the money for safe keeping only,
and returned it to the officer when called up
on next morning. The case was given to the
jury, and Court adjourned to 9 O'Clock We'd
nesday morning.
Municipal Court---Dec. o.