Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1877-04-10

Ia sentencing Ianthe f. A. Morgan and
Sophronia J. Libby. on Monday. Judge
Barrows spoke as follows:
JUICE BARRows' REMARKS.
Before proceeding TO pass the sentence,
which the law imposes upon these unior-
tunate women, L take occasion to say, that
they have had u fair trial before an i'm
partial and intelligent jury. The case
against them, was conducted by the pros
ecuting officers. not only honorably, but
even, it may be said, compassionately.
Toey were defended very ably. zealously,
aud thoroughly. by counsel who omitted
nothing which might serve to place their
caus Sc in favorable light before the jury,
aud who threw himself into the defense
with all his characteristic energy and pow
or. do not think that they have any cause
to complain, thatthey were convicted up
on the testimony produced. To a mind not
clouded by sympathy or prejudice. the
reading or hearing of the whole OF the tes-
timony might well be expected to produce
conviction of their guilt. | congratulate
the people of the County OF Oxford that
they have sent here tor jurors, men WHO
are capable OF doing their duty as Jurors,
notwithstanding their wishes, and SYM
pathies, SIS men, and who will not trille
with their own oaths and consciences be-
cause their minds are led 10 q conclusion.
which through pity they regret. If there
was any error in their verdict. it was on
the side OF mercy. They probably did,
as | have known jurors TO do before;
they SAID TO themselves. I'VE cannot know
the precise circumstances under which
the fatal violence was Effected; it may
have been without a fixed purpose, de-
/ liberaiely formed. to Kill; We will take
the charitable view Of it, aud so find"
The prcross,ive Of mercy, to pardon.
belongs rot 10 US. bu, to another depart
ment OF the government. We are at
liberty to act only upon the law and the
facts, as they are laid before US.
( Nv heart is sore for these women, but
I it is because OF their crime. and not be-
cause of its detection and punishment.
That is necessary TO the safety OF other
deteuseless babes. Unless the people OF
this comfy are willing to see crimes of
this sort multiply, they must take care
that they don't eScspe unpunisted. Sirce
this ttrm has commenced, coroner's
jury, in a neighboring town, have found
tina, young man came 10 his death by
violence, inflicted by human hands TO tie
Jurors unknown. It's reasonable 10 sup
pose that somewhere in the community
there are those who know that that VIC
leuce was not = violence which could be
7 justified or excused. Whether it consti-
tuted murder or mlHs!alghter, none
know but those who were present when
it vas inflicted. Bat say to the people
o Oxford Coun,y, tina. unless they are
willing 70 see such deeds multiplied, and
to be horriied every now and then by
such stories, they must see 10 it that
criminals do not escape without punish
meut.
Now to look at this case. there are pal
li4.ing circumstances Us to both of these
women. E7en the Attorney General in
his argument, suggested them. that they
were ignoranl, that they had had no moral
training; that their associations and CON-
panions had been vicious and debauched.
That is all q matter in pslliation, but not
/ IN excuse OF tue crime. As 10 The mar
ried sister, it may be said 10 addition,
that she perhaps persuaded herself that
she might properly prefer the welfare OF
her sister 10 The lie Of the child. aud that
she could no; provide tor both. All these
matters sre for the consideration OF other
powers; we have nothing TO do with
them. The Governor and Council have
he power to consider all palliaiing Cir
cumst ances, and. IN proper cases. 20 extend
such mercy as they say should be eI-
/ tended.
I Ia changing the punishment, from the
death penalty, in cases of murder OF the
first degree, to imprisonment for life, the
Legislature failed 10 make any change in
the punishment previously awarded 10
murder of the second degree, so that
now, although there are degrees in the
crime, there are none in the punishment;
aud there is no discretion in the presiding
Judge to award less sentence than the
law previously imposed in cases oil muir
der of the second degree. 1t is, however,
competent for the Governor and Council
who are prohibited from pardoning in
cases OF murder OF the first degree-un-
less upon future investigation it shall be
found that there is doubt about the CON-
mission of the offense.-iu case OF veI-
dict like this, which may be considered
as sort OF recommendation 10 mercy. to
act whenever they think the safety OF the
community may permit.
say 10 these unfortunate women. that
their hopes for this life, as we'll as the
future, must depend upon their sincere
raoartorna apd reformation and their