The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1876-09-21
Superior Court.
SEPTEMBER CRIMINAL TERM, 1876, SYM


PRESIDING.
WEDNEsDAY.-Richard Collins, on nuisance in
detment this being the first time he has been in
dcted for this offence paid fine of $500 and costs
Of prosecution.
Annie NJ Leighton, on an appeal case for intoxica-
ton and disturbing the peace, was fined s. and costs
OF prosecution, taxed at S31.O3, which was paid.
The case of nuisance against this respondent, tried
this week, in which the jury rendered verdict of
guilty, is to be carried to the Law Court on excep-
tons. The respondent gave bail in the sum of $1,000
for her appearance at the next term after the decis
ion Of the Law Court shall have been received.
Patrick Gormley paid the costs on liquor indict-
ment and it was then placed upon the special docket
Catherine Tierney, for an aggravated assault and
battery upon Margaret Shannahan with fat.iron,
tried at this term and respondent found guilty. was
sentenced to TWO years imprisonment and labor in
the County Jail.
Florence Mccarthy paid a fine of $500 and costs
upon an indictment against him for nuisance.
George E. Brown, alias Samuel G. Brown for lar
ceny of a watch, was sentenced to six months i'm
prisonment in JAIL
Patrick Carey, for assault and battery, was SEN
fenced to six months imprisonment in Jail.
The case of MAIDS N. Bruins was next taken up.
This, it will be remembered is the case Of the Swede
who for period of eight years has systematically
wilfully and premedtatedly debauched and carnal!
known his own daughter. After statement of the
testimony by the County Attorney as it was deyel-
oped before the Grand Jury, the respondent, upon
being questioned replied that Mr.. Libby had stated
the facts as they were but he wished to know if his
family were together. Mr.. Libby replied that they
were the last he heard from them. "will they"
said the prisoner "be touched by the law?" 'There
have been no proceedings commenced against them,',
said Mr.. Libby. "Then," said the respondent, 81
am satisfied and willing to take any punishment"
Judge Symonds said that this being crime so I'M
natural, 60 unfrequent, and so almost improbable,
and the respondent being foreigner, he would
request General Mattocks to converse with the
defendant. explain to him fully the Indictment, and
ascertain if there were any further fecs in the case
in mitigation of the crime, viii ch ought to be stated
to the Court.
The prisoner then retired with Gen. Mattocks, and
after consultation of an hour and half, General
Mattocks said that Bruins understood fully the
nature of the indictment and the enormity of the
offence; that if his statement was to be believed
throughout, there were many mitigating circum-
stances but for the sake OF his family, and rather
than make any statement public, he would rather
suffer any penalty the Court might impose but that
so far as the allegations in the Indictment
cerned. he did not deny but that they were true.
Judge Symonds then said that he had been very
anxious that there should be no mistake In regard
this case; that the offence with which the defendant
is charged is so unnatural and SO improbable al
most to defy belief but the Indictment had been read
to him in open Court, and he had pleaded that he
was guilty; that since that time the nature OF the
charge had been fully explained to him in freedom Of
private conversation by eminent counsel appointed
nv he still qs the facts forth in
the Indictment are concerned, the defendant admits
them to be true.
After commenting upon the maximum and mini
mum penalties which the statutes provide the Judge
closed as follews:-"Under the plea as you have
entered it here, and which cannot believe to b.
open to any mistake, it would appear that you, being
father and your wife still alive, have been living in
adulterous and ncestuous connection with your own
daughter, she being married woman. 1t u.s. perhaps,
true that there may have been what Gen. Mattocks
states certain provocations, inducements or tempta-
lions to commit the offence; it may be true, and
take it for trne, that your previous character has
been good, but fail to perceive how either of these
considerations palliate mitigate in the least
the offence to which you have pleaded guilty. After
full consideration of the case, feel that have nc
duty perform except impose the severest penalty
of the law
The Clerk then read to the prisoner the sentence
imposed by the Court of ten years in the state prison.
which is the maximum penalty provided by the
statute.
Catherine Mccarthy, for receiving stolen goods,
was sentenced to imprisonment and labor in Jail for
eight months.
George W. Dwinal, for larceny Of hose couplings;
been in jail four months. Sentence suspended until
January.
Court adjourned until Thursday morning at ten
o'clock.