St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1879-01-24
A Curious Decision.

There was Il bit of grim humOr in a |
certain judicial decision of Judge Kent. |
| think the court was in session at Ban
gOr. The case was the state VS.. COwdry.
Said Thomas COwdry was accused OF
having committed burglary, and bill
had been found by the grand jury. Upon
trial it appeared that Cowdry had been
employed with a gang of lumbermen up
the PenobscOt river, where he had cut
his way through il tent belonging to an
other 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 IL chest, the Local
tiou of which the prisoner had carefully
noted, and on Il certain night. while he
thought the inmates slept, he cut his
way through the fabric and committed
the theft. \ young man the crew bad
been awake. however, and had witness
ed the proceedings, but had held his
peace at the time for fear that CowdIy.
who had the name of being bad man.
would kill him. This witness in court
described the whole thing, and nc
amount of badgcring on the part of the
counsel for the defense could shake hin.
In answer to the question of how much
of the defendants body was ut any time
within the tent, he said that he could
swear that he SAW Cowdry's right ann.
right shoulder and the whole of his head
inside the tent. So much was proved
beyond a doubt.
But the counsel foI COwdry, IA lawyer
from down the river, named Lascom,
spread himself.
My client is accused of having fell
oniously broken his way into and en-
tered the dwelling of a certain individu-
nj. Never mind what further is charged
against him. Did he enter-bOdily en-
ter-this dwellingP 1t is ridiculous to
say So. A witness says he put in an
arm, and, perhaps, his head. What do
we mean by entering Il place Must not
the feet stand within it -
And 50 the clustering pleader went
on. He had never. in the whole couIse
of his life, heard anything so rediculouS
given in seeming seriousness, us this
charge. He put 1t directly to the court
if man could be said to have entered ii
Wv NuCH III ltdlliN lie OllN iOOhBU
m-when only his head was in. and an
arm to steady him, perhaps. Could he
have entered Il 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 in
dictment fell to the ground for it
charged that his client actually entered
the said dwelling. For the honor of the
Pine Tree statc-tor the credit of JUS
tlce everywhere-he hoped the court
would rule against any such mOnstrOus
perversion of fact.
In his charge to the jury, Judge Kent.
with Il grim smile, alluded to 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.
And the jury after Il brief period of con-
sultatiOn, brought in verdict against
Thomas Cowdry, the prisoner at the
Bar, OF guilty to the full letter of the in
dictment us 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 hard labor
i'll the state prison for the term of two
years. The prisoner might do with the
remainder of his body as he pleased.
The story was told to me by an old
resident of Bangor for Il fact. knew
Judge Kent well, and can vouch for his
love of the humorous, though | do not
of course dare assert that my informant
has not stretched the scene very lit
tle.-BangOr Whig.