Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1878-01-03
Correspondence OF the Boston Journal
Report OF the Attorney General.

Hon. l.. A. Emery. Attorney General
OF the State. in his annual report for the
year 1877 gives the status Of the action
brought against the Maine Central Rail-
road for State taxes assessed upon that
road. The full court IN iull, able and
elaborate opinion. drawn BY Chief Justice
Appleton. decided the cause in favor Of the
State. The railroad company have car
RED the cause on q writ of error into The
Supreme Court of the United States
The writ OF error MAS entered al the pres.
eut term of the Supreme Court al " ash-
ingtor. the Attorney General appearing
Tor the State. The case cannot be reached
in regular tarn under two years. such is
the crowded condition Of the docket, the
Attorney General however. entered and
argued a motion 10 advance this ease on
the docket aud urged the Court to fix an
early day for the hearing. the counsel for
the road, Mr.. DrummoBd. signiiying hl,
willingness to have the case advanced
The Court has not yet passed on the mo-
ton.
Actions against the Atlantic and St.
Lawrence Railroad Company and the New
port and Dexter Railroad Company are
pending in the Supreme Judicial Court,
for the recovery OF arrcarages of taxes
assessed by the State upon them. Aspesdy
and inexpensive adjudication in these cases
is hoped and expected.
The year has been quite prolific in muir
der trials compared with the preceding
year. but in every case OF conviction the
offence had been committed in the preyi-
Gus year. Miss Iantha Morgan and Mrs.
Sophronia j. Libby. sisters. indicted for
the murder of the infant child OF lantha
Morgan. were both found guilty Of murder
L., A..
prisonment for life. Isaac n. Cox. boy
father by shooting. was convicted of man
slaughter aud sentenced to six years i'm
prisOnment.
At the April term Of the Supreme Ju-
dcial Court for Hancock county Edward
NJ. Smith was Indicted tor the murder OF
Melissa I. Thayer At Bucksport the Octo-
Der previous, under circumstances OF great
| atrocity. The trial consumed ii days, but
| the jury agreed upon verdict Of guilty OF
murder 10 the rst.degree within 80 minutes
after the case Was given TO them, SO con-
| elusive was the evidence against the pris-
oner. The evidence in the case was thor
oushly worked up by officers specially de-
tailed under authority Of the law enacted
| In 1877. Mr.. Emery is satisfied Of the
| wisdom of this law. The prisoners In each
case were ably defended and all their le-
gal rights fully protected. There are no
murder indictments row pending. Several
honicides have been committed during
the year, but none amount to murder ex-
cept the case Of wife-killing at BelgAde.
In this case the prisoner wss committed to
wait the actisn Of the Grand Jury. In re-
gard to the abolition Of capital punishment
the Attorney General Gays:
A. bat shar -.
any expression Is to the effect Of The abolition
| Of the death penalty for murder. Two years
Is hardly long enough TO fairly test 1t. In that
time there has been only one conviction, thst
Of Smith at Ellsworth, where the prisoner
would have been sentenced TO death uuder the
| former law. The other convictions were for
| less offences than murder in the first degree
While doubt if much can fairly be argued
either way from statistics Of crime, l should
say the statistics in this State so far were, il
anything, favorable to the abolition OF the
death penalty. The experience Of another
year, however, may reverse it. hardly think
| the presence or absence Of the death penalty
hes had any direct influence on the number OF
murders. Its absence may tend to . refining
influence upon society, and 90 Indirectly Jesse q
all crime. 1t Is impossible thus far TO know
what the effect has been In this Stste.r
RECOMMENDATIONS.
1.-THE experience OF the past year has pressed
two desirable changes upon my mind.
| doubt II coroners' inQuests upon dead bod
les are Of sufficient use TO justify the expense,
and inquests are often very expensive. These
inquesfs determine nothing. The suspected
party IL alwsys spprehended BY the officers be-
Of no vse TO anybody. 1t does not acquit nor
convict. 1t Is not . single step toward acquit-
tai or conviction. The testimony tskeu 10 only
useful to the respondent. - il hiss to be fled il
court, and thus the respondent can learn
lninutsly the evidence and make up defencs
| TO ft it. The officers engaged upon the case
always look up evidence, Independent Of the
inquest.
| 1 think the State can safely abolish the whole
antiQusted machinery ,sud In place Of II, simply
authorize the State attesneys and sheri1s 70