Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-01-06
Report OF the Attorney General.

Report OF the Attorney General.
Hon. Thomas B. Reed, Attorney General.
begins his report by suggesting such improve
ments in the criminal law as seem to him
needful for the more effectual administration
of justice. In the trial of Hoswell the defence
was founded upon the allegation of adultery
on the part of the defendants wife with the
deceased when the defendant testified in his
own behalf; and yet by the provisions of law,
after he had closed the mouth of the only other
witness present at the scene of the tragedy,
the defendants wife was not allowed to testi-
fy. 1t seems clear that allowing the husband
by his own testimony to base his defence upon
the alleged criminality of his wife and then
refusing her testimony can hardly conduce
either to the increase of domestic happiness
or the furtherance of truth or righteousness
In the matter of peremptory challenges in
capital cases, the person accused has eleven
peremptory challenges and the State but one
The reason for this condition of things may
have existed, but does not now exist. The
number of challenges, the Attorney General
claims, ought not to be greater than at pres
ent, but should be more equally distributed
1t is recommended that extreme care be taken
to ascertain the character and ability Of sureties
on recognizances. If the power over bail
cannot be taken from justices of the peace,
and lodged in commissioners to be appointed
in each county by the court, as has been sug-
gested, the County Attorney ought at least to
have due notice and be allowed and required
to choose one of the justices. To remedy
many evils in this matter of recognizances,
the county attorney of Penobscot county sug
gests to the Attorney General that i. should
be understood that entering into recognizance
In criminal cases creates lien on the real
provide also that record be made in the
Registry of Deeds, in book of attachments. of
the names of parties entering into recognzan-
ces and the amounts. A draft of bill is SUBJ
mitted embodying the changes deemed useful
One or two other suggestions are made in re-
gard to change in criminal law
The case, State of Maine VS.. B. d. Peck
and bondsmen, was argued before the Law
Court in July last, in writing, and the ques-
tions raised have not yet been decided
The Law Court has under advisement the
case Penobscot Indiansl VS.. the Veazie heirs.
The case, State vs.. John +. Lawrence, for
the murder of Elmira Atwood, was tried at
the February term of the criminal court for
Penobscot county. Verdict, murder in the
first degree. Exceptions were filed to GER
tain rulings of the presiding judge as to the
law in cases where insanity is pleaded as a
defence. These exceptions were argued last
June at Bangor, and were overruled by the
Court. Lawrence has since been sentenced
to death.
John Fletcher was indicted at the March
term of the S. j.. Court in franklin county,
for the murder of John S. Tolman, and tried
tile same term. The trial resulted in the ac-
quittal of Fletcher.
During the year which the report covers
there were 20 criminal cases in the Law Court
from Penobscot county; Is from Hancock
county; 5 from Knox; IL from Kennebec ;
10 from Somerset; l from Sagadahoc; from
Oxford; ! from Androscoggin; 2S from Cum
berland. The majority of these were liquor
cases.
Total number sentenced to State Prison for
ten years, from 1861 to 1870 inclusive, 546,
as follows; In 1861, 65; 1862, 3S 1868, 80 /;
ls64,}60; 1865, 80; 1866, 10i; 1867, 60;
1868, 43; 1869, 81; 1870, 81. During this
time IS have been sentenced to be hung.
The following table gives the liquor cases
disposed of in the Supreme Court:
No. of Fines, &C., Com.
Counties. Gases. collected. initials.
Androscoggin, 40 1901 90 10
Aroostook,
OBSERVATION-DISCLOSURES
Court, I6 i,7S6 GS j
Franklin,
Hancock, 100 90
Kennebec, Is 1,275 90