Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-03-18
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r. TO THE
9aily Eennsbee Suurual.
ROCKLAND.

! Hearing ON the Wagner Case.
Rockland, March II. At the hearing on the
Wagner case this morning, Mr.. Yeaton resumed
his argument, taking up the points of his opponen
in the reverse order, first considering the pont
made that the Governor and Council which issued
the warrant was not the same body which review
ed the case
Is this duty OF reviewing mere personal func
ton of the Governor which expires with him
we are told that the King never dies. Is it any
less true with that the executive authority new
CT ceases TO exist But this not only answers
There were two warrants issued and one bears
date IN a. Do they claim that the second super
cedes the first, or that the first makes void the
, secondi We claim that both are valid and eithe,
made obligatory on the Sheriff 10 perform the du.
ty required by law.
Inc second point taken up was that the law oil
the last legislature is a recognition that the fixing
OF the time Of execution is judicial act and con-
sequently should be a part of the sentence. The
language of the law does not warrant this con-
struction. 1t simply says sentence shall be exc
cuted at such time as the court shall determine
The same reason that would require the court to
fix the date and make it part of the sentence
would also require the court to include in the SEN
tence provision that the Sheriff should perform
the execution and that it should take place in the
presence OF twelve witnesses, as required by law
He quoted authorities to show the fixing Of time
was not judicial act and that 60 strict line can
be drawn to divide executive from judicial duties
The power Of the executive to grant repreve is
unquestioned. The effect Of reprieve is to fix a
new date Of execution. If to appoint the date in
the first instance is judicial act, is not this u-
dicial acti Can the Governor do incidentally
what he could not do originality
A sufficient answer to this argument is, that it
is the duty Of the court to FIX the execution by
common law, not under the statute Of George the
Second, as that statute was not part Of the COM
mon law of this land The statutes of England
were passed prior to the settlement Of this coun-
try, and the judicial decisions prior to the Revo-
luton, and do not form a part OF the common
law Of America. He quoted English authorities
to prove that it had been held not only to not be
the duty of the court to fix the date but by high
authority that it should not fix it; and the .highes
American authorities hold that it is not the duty
Of the court to fix time and place, except when
pealing to the court not to subvert justice BY an
act cot wholly irregular but absolutely without
precedent
Mr.. Yeatcns arguuen. was considered by
members Of the bar very able statement Of the
principles at issue.
Judge Tapley replied at length, the most i'm
poftant point being that the case was brought in
an equity court because habeas corpus would not
reach it, and because the prisoner was only in the
custody of the sheriff On the day Of execution and
then only for an hour.
Judge Virgin reserved decision for the present.
The case will be taken up and decision given on
Monday
Celebration.
St. David's Total Abstinence Society celebrated
ST Patrick day by .o;as il psoeess:c.s IL :Ae:.
new and snowy regalia to the Catholic church,
where solemn high mass was said and panegyric
pronounced on ST. Patrick by the Rev. Father
Peterson. The Saint Dsvids have a supper this
evening, and the Hibernian Society celebrated the
day by ball.