The Portland daily press., 1868-01-07
4 MEXICAN HOUSE.

CRIMINAL TERM.-BARROWS, j.
MoNDAY.-State v. James Bradley and Pet H.
Bradley, appellants This was liquor case, search
and sezure) under the old law. Mes rs. Shepley g.
Strout appeared for the respondent. The jury re-
turned verdict of not guilty as 10 both.
In the case OF State v. George A. Green and John
| H. Knight, for compound larceny in breaking and
entering the shop of w. W. Hilton, and stealing
thererom goods to the value of about $685. both pris
oners originally pleaded not guilty. Subsequently
Knight retracted his plea and pleaded guilty. The
County Attorney mol pressed breaking and entering
in the night time, as to Green wbo on being put to
the bar, retracted his former plea and pleaded guilty.
He was sentenced to seven months in the County
Jail. G. E. verrill Esq, tor the defence.
| State " James Moran & ais, appellants. This is
| search and seizure ease under the amended law
There were seven persons included in the complaint
all that resided in the building that searched by
| the State Constables the 9th of July. In the
| lower Court Moran convicted and his case came
up under his appeal from the decision of the Munich
| al Court. Messrs. Howard & Clcaves appear for
| the respondent.
Counsel for respondent moved to quash the COM
paint or want OF sufficient description OF the prem
| Uses to be searched. Court overrued the motion
The evidence FIR the Stale was all out at adjourn
| ment.
John White was brought up tor sentence for burg
larry in the dwelling house of Mr.. w. L. Wilson, in
Westbrook, being armed with dangerous weapon.
White addressed the court in mitigation of his
| tsnce. His remarks were rather rambling. He init
mated that the whole story of the buTgaries had not
been told, AMI said that he alone knew about them
and that if he had been indicted as receiver of
stolen goods he could have pleaded guilty. He ex-
onerated the boy who had been indie ed with him.
and said that young boy could not resist being
brought under the influences of older persons. In
relation to the report that he. White, had been
brought up to burglary in New York. he did not deny
| it, but simply remarked that il such the case
why was there not proof of it at the trial.
Judge Barrows remarked that could refrain
| from commiseratng the situation of young man
like White. who lad brought himself into this sua-
ton by his acts. The law lefy discretion with
the Judge in the punishment for such offence as
the prisoner was now TO be sentenced for 1t was
absolute and imperative and he could not hold out
any encouragement TO the prisoner that il would be
mitigated, taking into consideration the numerous
other indictments found against HIM. The Court
could only hope that the Spirit which strives in the
heart of man SO long he cxis ,would strive in that
of the prisoner so that his life in tie next world
might be happy one.
White was then sentenced to the State Prison for
lie.
State V. F. o. j. Smith, for adultery. In this case
which has been upon the docket tor some years, MIR.
Webb, the County Attorney, remarked that some of
the witnesses upon which the State depended were
dead; others were out OF the State, and, although
heretofore they had obeyed the request Of the prose-
cutting officer, and had cometo this city, now they
could not be reached. The principal witness for
the State having formed relations in life now
fuses to answer any questions put to her upon the
mn criminate herself in da0rap
Under these circumstances he deemed it his duty,
with the consent of the Court, to enter mol pros.
Judge Barrows remarked that it was well known
to all the Judges that the County Attorney never
abandoned an indictment where there the least
possible chance of conviction. He approved OF The
course proposed in this and ordered mol pros.
to he entered. Howard & Ceaves for the defend
ant.
Court adjourned to o'clock Tuesday morning.