The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-09-17
Friday Morning, September II, 1869.
Portland and Vicinity.
sew Advertisements this Day.


CRIMINAL TERM-GoDDARD, j., PRESIDING.
THURspAY-No. 77-State vs. Edward Wallace
Indictment for attempting to commit felony for at
tempting break, enter and steal from the store of
John M Allen, of Saccarappa, in the night time of
the 21st of June last The blind shutter. a souare
of glass and cross bar were broken There was no
evidence, that anything was taken from the store.
Isaac Babb States evidence, says that he was pres
eii' WIN was broken; that
they had heen to Portland to the circus in company
WIN others, where they had drank to iutoxicaion;
'oi ieavihg the stable, on their way hone Wallace
TO him to break into the store to get mon
es 10 spehd on the coming 4th of July, and he did
NOV serohsy oppose the proposition; that Wallace
attempted to enter; that after the shutter was brok-
eli lie thought he heard some one coming, and both
ran away from the Of operation. He confesses
that he himself either before AFTER he does not
know which, broke into gristmill, where he found
nothing worth taking Wallace, on preliminary
examination before the trial justice pleaded guilty
to the breaking. He pleads not guilty, and ex-
plains his former confession the ground Of forget
fulness of drunkenness, aud not properly discrimi-
mating between breaking himself aud being present
with the other party who did the mischief that as
matter of fact it was Babb and not himself who
broke the shutter.
His counsel contended that while drunkenness was
no excuse tor crime committed, tor thing DONE 1t
was complete defence against an attempt to COM
nit a crime where the party was incapable on ac-
count Of drunkenness TO form an intention; that in
this case if he broke he did not enter nor steal and
there is no proof that he attempted to do either;
that the Government to make out case, must prove
an intention TO steal more than dollars because
larceny of less sum was not State prison offence
and therefore, not felony; that it is probable that
n tvhn
the one who broke into the store
The County Attorney contended that the attempt
to commit crime was itself crime, made SO by the
statute penalties that while the counses statement
OF the law on the matter of drunkenness was well
enough, that case not ade out tor Its applca
ton, that party capable of climbing eight feet and
breaking in window blind, shutters and bars was not
too drunk TO form intention to enter and steal;
that while larceny alone of a sum under ten dol
lars was not felony, yet that breaking and enter
ing and larceny OF ten cents in the night time was
felony; that the offence was one and not three,
and that the breaking in this case was coupled with
the intention of entering and stealing
The Court ruled that the offence which the defend
ant was charged with, attempting TO commit was
single offence: that it was fclony that the law on
the matter of drunkenness was correctly stated by
counsel and, request of prisoners counsel that
when eircumstantiai evidence merely establishes
some finite probability in favor OF one hypothesis
rather than another, such evidence cannot amount
to proof of guilt however great that probability may
DO. Verdict, guilty. Sentence, one year in State
prison.
Webb. Thomas
No. 65-State VS.. Chas E. Morton and Cyrus F,
Brackett Larceny. Plea, guilty. Morton five
years and Bracket two years in State prison.
No. G9-Stato vs.. Jacob II. Cottoss. Rape. Testi-
mony out
Webb. Haskell
No. 6l-State VS.. Francis Murphy and Alexander
Shea. Murder. Assigned for Monday morning next
at 10 A.. M.
2Webb, County Attorney. G. F. Shepley.
Frye, Attorney General. SC. Strout.
A. w. Bradbury.