Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1874-02-28

and committee rooms of the State House; re-
solve relating 10 the L. S. Arsenal at Au-
eusta; resolve to build a bridge across Mo-
lunkus stream; resolve in aid of repairing
road ia the town OF Grafton, Oxford county.
Bill an act to amend an act to incorporate
the Camden Village Corporation, on lis pas
sage to be enacted, was tabled
Bill an act to amend sec. II of chap. l3+ Of
the revised statutes relating to compensation
to counsel for defending accused persons in
capital cases, being on its passage to be en-
crossed, Mr.. KNowLToN said he was in favor
of amending the bill so that no compensation
shall be allowed. He understood that the
bill contempates that sum not exceeding
Sl50 shall be paid, which simply amounts to
this that in every instance $50 will be paid.
While he desired thatthose accused of offences
described in the statute indicated by the bill
should have an impartial trial, and all reason
able advantages, lie was opposed to the law
which provides a compensation to those en-
gagged for their defence. The law had been
abused, he was confident and the State has
already paid out much larger sum of money
than most members were aware of. The re-
suit has been, that in nine cases out Of ten,
the government has been embarrassed, and
neither the accused nor the State have de-
rived any advantage from such aid He
! moved to amend so that no counsel for per-
compensation from the State, and that the
County Attorney shall not receive any com
pensation other than that fixed by law.
Mr.. DAVIS opposed the amendment.
| The committee had given the matter care
| full hearing, and as one who believed at pres
| ent in the death penalty, he did not believe
| that the legislature should deprive the accused
| of fair means for an impartial trial. Nearly
| all persons accused of capital offences are
md al
| State does not furnish compensation to coun-
| sci, it must be simply a matter of sympathy
| on the part of lawyers who enter into their
| defence. He thought the amendment if
! adopted would be unfair, and do injustice to
| the accused in very many cases. This bill
| provides that all of the counsel, engaged in
| one trial, shall not receive more than $50,
| and they are rot to receive even that sum,
| unless in the opinion of the court they have
fairly earned it. He thought that in a capital
| trial, the ablest counsel should be used on
| both sides, in order that the matter might be
| thoroughly investigated.
| Mr.. kNowLroN remarked that gentlemen
| would at once see that he had no pecuniary
interest in advocating his amendment. But
| he was confident that just so long as any COM
| pensation is allowed, just so long there will
| be abuses. In one case, the State had paid
| s902 to aid the person accused, by way Of
| counsel; another S405 $50; another 500, and
| in two or three instances recently, 5000 have
been paid to county attorneys in addition to
| their compensation fixed by Law. He thought
| it an abuse which the people had submitted to
| quite long enough.
Mr.. DAVIS replied. He said that the COM
| mttee had drawn the bill with view to cut off
all abuses.
| Mr.. WILSON was not in favor of capital
! punishment, and was in favor of the bill,
making $3.50 the limit. He spoke Of the ex-
| penses which are incurred in looking up
| testimony for the accused, counsel often be-
ing obliged to go into neighboring towns to
investigate. Considering the magnitude Of
a capital offence, he thought it would be
wrong no. to allow a compensation for coun-
sci engaged, and he hoped the bill would pass
| without the amendment.
The amendment was rejected.
| Mr.. BoARDMAN moved to amend by stlik-
ing out all after the enaciing clause, and in
| sorting as follows: mo compensation shall
| be paid counsel for aiding parties accused of
capital otfenses, when the parties themselves,
| or their friends, retain counsel for them.
And the amount fixed by law as The compen-
| sation of county attorneys, shall be in full, in
| all cases"
Mr.. KlMBALL thought it was not necessary
| to incorporate the amendment into the BILL
for if he understood the law, it only applies to
cases where it does appear to the presiding
| Judge, that the defendant is not able to pro-
| cure counsel. He thought the amendment en-
| tirely unnecessary.
| The amendment was further discussed BY
| Messrs. Keegan, Wilson and Talbot. The
matter was then laid on the table, on motion
| of MIR. TALBOT.
| On motion of Mr.. FEssENpEN, bill an act
| to amend an act entitled an act to amend chap.
| of no m lori ~ ba
| j. Court, was taken from the table.
Mr.. WILSON moved an amendment, which
| was adopted. The bill was then passed to be
| engrossed.
On motion of Mr.. KEEGAs, bill an act to
! protect sheep husbandry was taken from the
table and indefinitely postponed.
| On motion of Mr.. KNowLroN, the report of
the committee on Railroads, reference to the
next Legislature, on petitions for a railroad
bridge across the Penobscot river at Verona,
was taken from the table, and accepted.
On motion of Mr.. LAWYER, bill an act to
incorporate the town Of Vanceboro was TAX
| en- from the table.
| Mr.. Morrow remarked that he knew moth
| ing of the merits of the bill, but had made his
| motion to table, the other day, at the request
! of gentlemen now absent, but who wished to
| be heard.
Mr.. LAwLER said:
Mr.. SPEAKER AND GENTLEMEN:- Il do hope
| that there will be no further delay in this mat.
ter, and that this bill receive a passage at this
time for it is a subject of greater Importance
to the citizens of Vanceboro', than many take
| it to be. You must take into consideration
the very important fact that by defeating this
| bill you are doing nothing more or less than
DISTINGUISHING indirectly one hundred and six
tax payers of town with population of
three hundred and thirty seven in 1870 and
day with population of somewhere from
| four hundred to thousand, with one hundred
| and ffty-six scholars. l think it is our duty
| as legislators to answer the request of these
| petitioners and for this reason that we should
| legislate for that which will be for the greatest
| benefit to the greatest number, for gentle
| men, they have citizens in that plantation who
| have held the most responsible offices in the
| town of Princeton with the most satisfactory
results. This I state from personal knowl-
edge.
The main question is this, shall the Shaw
brothers, who have seen fit to invest hun
bred thousand dollars, control those free
people? | say no, and l know that the
good sense of this house will say the same.
have talked with Mr.. Shaw on this matter