Daily Los Angeles herald., 1879-05-02

Thomas Cowdry was accused of
having committed burglary. and a
bill had been found by the Grand
Jury. Upon trial it appeared that
Cowdry had been employed with a
gang of lumbermen up the Penob.
scot river, where he had cut his way
through tent belonging to another
party, and stolen certain articles of
clothing, together with sum of
money.
1t was brought out by evidence
that the tent In question was of
firm rubber cloth, and much more
comfortable than the common log
huts. In the rear part Of this tent
had been a chest, the location of
which the prisoner carefully noted,
and on q certain night, while he
thought the inmates slept, he cut
his way through the fabric and
committed the theft. A young
man OF the crew had been awake,
however, and had witnessed the
proceeding, but had held his peace
at the time for fear that Cowdry,
who had the name OF being a bad
man, would kill him. This wit
ness, in Court described the whole
thing, and no amount of badgering
on the part Of the counsel for the
defense could shake him. In an
swer to the question of how much
of the defendants body was at any
time within the tent, he said that he
could swear that he saw Cowboys
right arm and right shoulder and
the whole of his head inside the
tent. So much WAS proved beyond
doubt.
But the counsel for Cowdry, a
lawyer from down the river, named
Lascom, spread himself.
"My client is accused of having
feloniously broken his way into
and entered the dwelling of a Ger.
tain individual. Never mind what
further Is charged against him.
Did he enter-bodily enter-tbis
dwelling? 1t Is ridiculous to say so.
A witness says he put In an arm.
and, perhaps, his head. What do
we mean by entering place? Must
not the feet stand within it?"
And 40 the clustering pleader
went on. He had never, in the
whole course of his life, heard any.
thing so utterly ridiculous given in
seeming seriousness, as this charge.
He put it directly to the court If a
man could be said to have entered
n vut,nn IN. rnuIffVr l.,
only looked in-when only his head
was in, and an arm to steady him,
perhaps. Could he have entered a
dwelling when by far the larger
part of his body, with all the organs
of locomotion, were all the while
out of doors? And If not, then the
indictment fell to the ground; for
1t charged that his client actually
entered the said dwelling. For the
honor of the Pine Tree State--for
the credit Of justice everywhere
-he hoped the court would rule
against-a -ans' s.nh- n,nnstrnna nor~er-
sion Of fact.
III his charge to the jury, Judge
Kent, with a grim smile, alluded
10 the plea of the prisoners counsel,
and instructed them that, If they
were In doubt as to the guilt of the
whole man, they might bring him
In guilty as far as they judged the
evidence would warrant.
The jury, after brief period of
consultation, brought in verdict
against Thomas Cowdry, the prison.
er at the bar, Of guilty to the full
letter of the Indictment as to his
right arm, his right shoulder and
his head.
And the judge sentenced the arm,
the shoulder and the head of said
Thomas Cowdry, to imprisonment
at bard labor In the States Prison,
for the term of two years. The
prisoner might do with the remain
der of his body what lie pleased.
The story was told to me by an
old resident of Bangor for u fact.
1 knew Judge Kent well, and can
vouch for his love of the humorous,
though l do not, of course, dare as.
sert that my informant has not
stretched the scene very little
Bangor (Me J., Paper.