The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-01-16
Bangor Wing ]
A Curious Decision.

There was bit of grim humor in certain
Judicial decision Of Judge Kent. think the
Court was in session at Bangor. Tbs case was
the State vs.. Cowdry. Said Thomas Cowdry
was accused of having committed burglary,
and a bill had bsen found by the Grand Jury.
Upon trial it appeared that Cowdry had been
employed with gang of lumbermen up the
Penobscot river, where he had cut his way
through tent belonging to aoother party, and
stolen certain articles of clothing, together
with a 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 chest,
the location Of which the prisoner had care
fully noted, aud on a certain night, while he
thought the inmates slept, he cut his way
through the fabric aud committed the theft.
A young man Of the crew had BEN awl AXE,
however, aud had Witnessed the proceedings,
but had held his peace az the time for fear that
Cowdry, who had the name of being bad man,
would kill him. This witness, in Court de-
scribed the whole thing, and no amount of
badgering on the part of the counsel for the
defence could shake him. La answer 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 couGsel for Cowdry, lawyer from
down the river, named Lascon, spread him
self.
my client is accused OF having feloniously
broken his way into and entered the dwelling
of yfnin nd oil ind nh fr,y-
ther is charged against him. Did he enter
bodily enter-this dwelling? 1t is ridiculous
TO say so. A witness says he pat in an arm,
and, perhsps, his head. What do we mean by
entering a place? Must not tie feet stand
And SO the blusteribg plssdsr went on. He
had never, in the whole course of his life,
heard anything SO utterly ridiculous given in
seeming seriousness, as this charge. He put it
directly 10 the Court il man could DO said to
have entered dwelling when, in reality, he
only looked in-when only HIS head was in, and
an arm 10 steady him, perhaps. Could he
have entered dwelling when by far the larger
part of his body, with all the organs of locomo-
lion, were all the while out of doors? And if
not then the indictment fell to the ground;
for it charged that his client actually en-
tered the said dwelling. For the honor of
the Pine Tree State-for the credit of justice
everywhere-he hoped the court would rule
against any such mopstrous perversion of fact
In his charge TO the jury, Judge Kent, with a
grim smile, alluded to the plea of the prisoners
counsel, and instructed them that, if they were
In doubt IS to the guilt of the whole man, they
might briog him IN guilty as far as they
judged the evidence would warrant.
Aud the jury, after brief period of consul
tation, brought in a verdict against Thomas
Cowdry, the prisoner at the Bar, OF guilty to
the full letter of the indictment IS to his right
arm, his right shoulder and his head.
And the judge sentenced the arm, the shou-
der aud tha head Of said Thomas Cowdry to
imprisonment at hard labor 10 the States prison
Tor the term OF two years. The prisoner might
do with the remainder of his body what he
pleased.
The story was told to me by an old re sident
1t Bangor for fact. l knew judge Kent well.
and can vouch for his love OF lhs humorous.
though l do not, of course, dare assert that NV
Informant , has not stretched. the scene very