Daily Kennebec journal., 1877-12-28
HISTORY OF CRIME IN MAINE.
Attorney Geueral's RepOrt-RatirOads-
Marder Trtals-AboI,,iouo of Death en-.
atty - Importsnt RecOmme ndafiGns -
Statistics OF Crime.

lion. Lucil us A. Emery, Attorney General,
has submitted his annual report to the Governor
and Council, an abstract of which we will give our
readers. The Attorney General stated iu his last
report that several railroad companies claimed ex-
emption from the railroad tax act on the ground
that the original charters stipulated for different
mode of taxation Since then the Court has de
cided the cause in favor OF the State The Maine
Central Co.. did not acquesce 10 this decision, and
have carried the cause ou a writ of error into the
Supreme Court of the United States. On account
OF the crowded state of the docket it will be some
time before the case is reached. This decision
only applies to this particular company, and so
action has been commenced IN the supreme Ju-
dieisl Court against the Atlantic & 81. Lawrence
Railroad Conn any and the Dexter & Newport
Railroad Company, for the recovery of the arrear-
ayes taxes assessed upon them.
The year has been quite prolific 10 murder trl-
al. compared with the preceding year. la Ok
ford county, Mss lsnihe Morgan and Mrs. So
phronia j. Libby, sisters, were indicted for the
murder OF the inisbt child of Ianihe Morgan, the
poor women having killed the child in desperation
Arising from poverty and shame. The fact of the
killing was proved, the women were found guilty
of murder in the second degree, and sentenced to
imprisonment for life. la Sagadahoc county
I,aac n. Cox, boy Of IA, was indicted for the
murder of his father by shooting him. The only
question was that of existence of malice. The
verdict was manslaughter; the sentence six years
in state Prison, This was a very distressing case.
The anguish of the widow of the deceased
and the n other Of The prisoner, joined with
the sympathy OF friends for the family, made it
very try ing for the officers OF the law. Edward
NJ. Smith was tined in Hancock county for the
murder, under circumstances Of great atrooity, of
Melissa i. Thayer at BuCksport. The evidence
was strongly conclusive against the prisoner that
the jury agreed upon verdict of guilty of muir
der IN the first degree within thnty minutes alter
the case was comm tied TO them. Exceptions
were taken aud they have been argued, but no de-
csion yet reached. The Attorney General has
had no notice of any other indictments for murder.
Several homlcides have been committed but none
of them amounted to murder, except the case of
wife killing at Belgrade. In this the prison
er committed to await the action of the Grand
Jury. The Attorney General does not express
any opinion as to the effect Of the abolition of the
death penalty for murder. Two years time is
hardly long enough to test it. In that time there
has been only one conviction, that of Smith at
Ellsworth, where the prisoner would have been
sentenced to death under the former law. MIR.
Emery says "Whlle doubt if much fairly
be argued either way from statistics Of crime, |
should say the statistics IN thls state so far were,
If anything favorable 10 the abolition of the
death penalty. The experience of another year
may reverse it. hardly think the presence OF
absence of the death penalty has any direct in
huence on the number of murders 1t is impos,i-
BILE thus far to know what he effect has been in
this State"
The State law officer has personally had charge
OF the trials above mentioned, and has also attend
ed the three sessions Of the Law Count. He ie-
peats his former suggestions that the County At
torneys be encouraged by legislative action 10
present or assist IN presenting then cases TO the
Law Court.
A very large proportion of the prosecutions in
the several counties are for violations of the liquor
low II that law is not well euoi 4, it is for
want of abundant prosecutions. The State, as
whole, has an excellent corps Of prosecuting at
torney in the counties. The Office is very i'm
poltant one, and people cannot exercise too much
care in the selection of men To fill them.
On the subject Of recommendations, Mr.. Emery
doubts # coroners' inque.ts upon dead bodies
are Of sufficient use to justify the expense, and
determine Lolhng. The suspected party is a.
ways apprehended by the officers before the jury
render a verdict. The verdict Is OF no use to any
body. 1t does not acqnit or convict. 1t is not
single step toward acquittal conviction. The
testimony taken, is only useful to the respondent
as il has TO be filed IN Court. and thus the res
pondent can learn mnutely the evidence snl
make up defence to fit 1. The officers engaged
upon the case always looks up evidence, indie
pendent of the inquest. The Attorney thinks
the State can safely abolish the whole antiqnat-
ed machinery, and in place of it, simply author.
ize the States Attorneys and Sheritfs to take the
dispositions of witnesses. The testimony could
be thus collected with celebrity, secrecy. and
comparative little cts'. The Attotn,y could de-
termine whether ii was of use to prosecute.
He suggests leg isston concei ming the matter
of expert" testimony in criminal trials 1t might
be provided that whenever the prosecution or de-
fence shall consider that any matter should be
investigated aud explained by an expert. applica-
ton shall be made 10 the Court or Judge for the
appointment of disin,erestel expert The
Judge shall notify the other side, and after hear
ing, shall appoint such person as he finds to be
suitable. The Investigations made by such ex-
pert should be open to both side, during the en-
tire progress. II it be recondite matter the
Judge might appoint more than expert. The
gentleman appointed, would not be employed
by either side. and would have no employer to
serve. The investigations and opinions could be
vigorously tested in cross examination and the
GDal result would be more satisfactory to the
Coult and jury
Table giving miscellaneous statistics of the
whole State, except Knox couniy, for the year
1877: