The Portland daily press., 1871-01-09
Repor, of the Attorney General.

Hon. Thomas B. Reed, Attorney General,
begins his report by suggesting such improve
ments in the criminal laws as seem to him
needfnl for the more efectual administration
ofjustice. In the trial of Hoswel the defence
was founded upon the allegation of adultery
OH 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 9TH
er 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 defense upon
the alleged criminality of his wife ard then re-
fusing her testimony can hardly conduce
either to the increase Of domestic happiness
or the furtherance of truth or righteousness.
In the matter of peremptary 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 sure
ties on recOgnizances. Ii 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,th
county attorney of Penobscot county suggests
fn fbn AftOrnpv Gonoral fhot eb1 H.,
derstood that entering into recognizance in
criminal cases creates lien OH the real estate
OF bail. A statute to that effect might pro-
vide also that record be made in the Regis
try OF Deeds, in book of attachments, of the
names OF parties entering into recognizances
and the amounts. A draft OF a bill is submit
ted embodying the charges 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
bopdsmen, was argued before the Law Court
in July last, In writing, and the questions
raised have not yet been decided.
The Law Court has under advsement the
case Penobscot Indians VS.. the Veazie heirs.
The case, State VS.. John It. Lawrence. for
the murder OF Elmra Atwood, was tried al
the February term of the criminal court for
Penobscot county. Verdict, murder in the
first degree. Exceptions were filed TO GER
law ia cases where insanity is pleaded as a
defence. The 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 connty,
Tor the murder of John S. Tolman, and tried
the same term. The trial resulted in the ac.
quittal of Fletcher.
During tbs year which the report covers
there were 20 criminal cases in the Law Court
from PenObscOt county; Is from Hancock
county; from Knox; IL from Kenuebcc;
~ from Somerset; from Saeadahoc; / from
Oxford; from Androscoggin; Is from Cum
berland. The majority OF these were liquor
cases.
saTotal number sentenced TO State Prison for
ten years, from 1851 to 1870 inclusive. 545,
as follows: In 1861. IS; 1862, 80; 1868, 40;
1861, 90; 1865, 80; 1866, 1O4; 1867, so; 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;