The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1864-02-06
State VS.. Moore.


Tho trial of Luther s. Moore, Of Limerick
for forgery, was commenced and finished q
far Us to commit the case to the jury, at tn
term of the Supreme Court just closed at So
co. The jury failed to agree, and thereupor
the Court, knowing that we had prepared t.
report the trial, requested that, inasmuch o
new trial had been granted, and to pub
lish the proceedings might embarass tn
minds Of jurors hereafter to be drawn, tn
testimony should not DO given until a 6nalt
was reached. Although put to trouble an'
expense to report the case. we cheerfally dc
fsrred to the opinion Of the Judge, since tina
opinion accorded with our own idea OF jus
tice. We stated the wishes Of the Court las
week and supposed that no occasion woul'
arise to refer to the subject again.
The Portland Argus aud Portland Adver
tiser have each the past week referred to tn
trial several times with the intention Of ant
in such way as to predjudice the minds o
their readers in the belief that Mr.. Moore il
an honest and prosecuted man and that Mr.
Mason is alone the criminal, This circum
stance could be overlooked, since 10th paper
have a very moderate circulation in Thu
county from whence jurors are to be drawn
but this week the Saco Democrat publishe:
an extended Court Record Of the case, anC
its slcader" is devoted entirely to one sideC
view Of the case by no means justified by thu
evidence produced, and containing an unjus
tifable and uncalled for attack upon the ju
rors who did not vote Mr.. Moore innocent
As q specimen Of tho manner in which tn
Democrat seeks to prcdjudico the minds o
the people in favor Of the defendant in thi
case, and of its abuse Of honorable men, W
subjoin the following:
A more miserable and inhuman excuse for in
disidual action was never given, and we sin
cerely hope that no jury will ever again be dis
graced by members who have no more just mp
probation of the rights Of ,itizens than thos
men must have, who can vote to consign maj
in their opinion innocent to felon's doom
simply for the reason that by such vote they
hope settlement OF business matters may b.
adjusted. Truly is q trial by jury farce
such men are to be allowed to sit in judgmen
upon the rights of their fellow citizens.
The public are not yet prepared to swallow
all the deductions or assumptions Of the gen
tlcmen who conduct the papers above men
toned, and for this last foray upon gentle
men as capable of judging of law and evi
dence Us the writer Of the article quoted
there can be mono but an unworthy excuse
If gentlemen acting in the capacity Of jurors
can DO assaulted by political and partizal
sheets for an honest and conscientious per
Torrance of duty, without u privileges o
defence, the boosted advantages Of trial b.
Jury must soon fall under the dictation o
merciless political scribblcrs.
At present we propose only to advert t
the case us wo understand it:
The Indictment was drawn charging tn
forgery of the endorsement Of Mason upon
note made by Moore payable to Mason or or
der at York Bank, Saco, in four months from
date, for $500, and was dated Aug. "a, 1868
This note was discounted for Moore and tn
money paid to him at York Bank, the da,
following :ho date. Aug. %, 1868, the pub
lie learned Of the failure aud suspension o
Moore, whose Indebtedness amounted to $50
900 or $50, 900, and it was announced tina
Mason's name appeared upon some $4,000
Of it. It is said that subsequent develop
ments proved that his name was upon SAC
500 Of this paper. Upon the stand Maso
denied the gcnuinencss of all but Sll zoo
the note before mentioned being one Of them
After full, fair and impartial trial Of tn
case by the ablest counsel tho dcfendan
could command within the State, five Of tn
jurors were satisfied Of the defendants guilt
and seven had doubts about the matter.
For thus being divided tho jurors are dc
nounced and tho opinion Of the writer in tn
Democrat put forward as tho true verdict
nor does he leave it here, but the motives Q
the prosecution are impusncd, and Mr.. Ma
son charged with instituting proceedings
drive Mr.. Moore to settlement Of his liabil
tiles.
Such attempts to forcstall public opinion
upon che subject and make weight for anoth
or trial can only be Offset by u perusal OF tn
evidence given on trial. We deprecate tn
circumstances that compel US to publish tn
trial, as the subject belongs exclusively +
the courts, and in the unsettled state Of tn
trial criticism is not within the province O
newspaper publication.
We shall at some future time give 10 on
readers full report Of the evidence, as "
first intended. with summary Of the point
argued by the counsel upon both sides.
An Act of Congress was approved las