Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-09-02

larger ones In TINS case the large fishes DO
| not swallow up the smaller ones, but become
| their feeders and mutiplers.
The Donohoe Case.
To the Editor Of tie JourNui:
On my return home day or two since. my
attention was called to an article in the Jour
nal ofthe 29th ult., under the caption of The
Donohoc Case" which contains so much of
vindictiveness. and so much that is totally
false, that, appearing as it does in the public
press, cannot permit it to pass unnotieed.
The article was written by William Penn
Whitehouse, County Attorney fer kennebec,
and is signed "a" To show that the State
ments Of "a" are untrue, | give you the arti-
Gle as it appeared in the Lynn Transc rpt, in
Guiding the editorial and my letter:
"HoSoRAB1Y AcQuITTED.-The recent arrest of
Mr.. J. r. Donohoc OF this city on a charge OF fraud,
By parties in Maine. was believed at the time b.
everybody in this vicinity TO be wholly unNarrant
able and malicious, and the sequel has proved this
belief to be correct. AT the trial, which took place
last week, the charge was proved 70 be without the
slightest foundation, and he was promptly acquit-
ted Hon Joshua Nye, Insurance Commissioner
for the state OF Maine, has sent the following Whol
~ unsolicited statementto MIR. Donohoc:
TO achon. it may concern: This Is to certify that IN
the trial Of James K. Donohoe, for fraud. lust
closed, and OF which he was acquitted in few min
utes after the jury retired was present during the
whole time, both in the Municipal and Supreme
courts.
During the whole OF both the trials heard not a
word of evidence showing Mr. Donohoe to have
been dishonest of his transactions since com.
ing into the State but on the contrary the proof
WAS conclusive that he has tried 10 protect his cred
itors in every way in his power even to tie giving
up of the last dollar in his possession. The bearing
of Mr.. and Mrs. Dorohoe during the long trial won
the sympathy oineary all in the court room:
JOSHUA NYE.
Augusta, Aug. 10, lo73'"
Mr.. Whitehouse charges me, first, with
throwing the weight Of my official position in
to the defence of Mr.. Donohoe. | simply
answer where in my letter is this indicated
l pronounce the statement wiltully false, and
all who read my letter, have positive proof of
my statement. Mr.. WMtehouse intinates
that 'Mr. Donohoe lay in the lookup in
Lynn, on the night of his arrest. because he
could not get ball. The fact is that the Off
Ger who arrested him would not admit him to
bail, and Mr.. Donohoe, in company with his
wife, occupied public room in the City Hall
building, and did not even see the lookup.
What says the editor of the Lynn Transcript
in the editorial have quoted? He says ''the
charge was believed at the time, by everybody
in this vicinity, to be wholly unwarrantablc
and malicious, and the sequel has proved this
belief to be correct" This is the testimony
of gentleman who edits one of the best pa
pers in Massachusetts, and that in Donohoc's
own home. Could not such a man obtain
bail? Again, the Mayor of Lynn was intend
ing to be present at the trial to give his evil
dence in favor of Donohoe's previous good
character. | saw telegram from him during
the trial saying that he regretted his inability
to be present on the account of sickness, and
that Mfr. Donohoes character in Lynn had al
ways been above reproach. Could not man
with such friends, procure bail had he been
granted the opportunity? Mr.. Whitehouse
says ''that under the very peculiar instruc
tons OF the court, the jury acquitted him of
the charge, being manitestly in doubt wheth-
er he was a fool or scoundrel but clear that
he was one or the other" This is fine lam
guage for this young Cicero OF the kennebec
bar to use with reference to the charge of the
venerable and learned Judge Cutting, a man
who has forgotten more law than the County
Attorney will acquire should he live twenty
years longer. This insinuation is in revenge
probably, on the account of the frequent reproof
received by this young sprig of the law in his
futile and persistent attempts to introduce ir-
relevant testimony. Mr.. Whitehouse does
not seem to think as highly now of a Kenne-
bee jury, as when he presented this case to
them in his opening. AT that time with as
many antics as Bones at a minstrel concert
he told them that ''therc was always safety
in the good judgement of a Kennebec Jury,
and that he should feel as sured that impartial
justice would be meted out to the defendant"
l know not why Mr.. Whitehouse should make
this attack upon me, and in this cowardly
manner, not even having the courage to use
his own name; but when a County Attorney
in his closing argument before jury, viii
make base, low, mean, and cowardy attack
upon poor defenceless woman, he will not
hesitate to do anything that is contemplate.
The learned Attorney has been the counsel
for the compliments from the time Mr.. Don.
oboe first came into the State, and during the
trial it was clearly shown that at Il certain time
he was a partner or about to become one, in the
concern. During the trial Mr.. Whtehouse
accused Mrs. Donohoe Of trying to manage
the defence. 1t seemed to be the opinion of
most persons present, that the county would
be honored could an exchange take place be-
tween the two. Finally Mr.. Whitehouse
seems to be very much troubled because be-
came one of the bondsmen of Mr.. Donohoe.
Perhaps erred in not asking his consent be-
fore becoming such if So hope the young
man will forgive me.
l became Mr.. Donohoe's bondsman, be.
cause always feel sympathy for any one il
a corner. discovered a disposition on the
part of certain parties, to put Mr.. Donohoe il
Jail for a few days, till the grand jury should
meet, and having been present during tn,
/ whole of the examination in the Municipal