Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1883-10-11
Herbert Eaton's Sentence.

Herbert Eaton, indicted for man. slaughter,
in shooting Samuel Kelley, Jr.. at Calais,
in March last, was found guilty and
sentenced to pay fine of $1,000 and costs,
by Judge Daniorth, at Machias. Monday.
In passing sentence Judge Danforth said
There are considerations which can't be
overlooked. The indictment is for man
slaughter. By what means the Grand Jury
reduced the crime TO that is unknown. We
must suppose they had some reason outside
of ntoxication, for that would have no
tendency to reduce il below murder in the
second degree.
We may suppose they concluded it was
the reckless use of firearms. matter caus-
ing trouble, distress and the loss of many
lives. In fixing the penalty the indictment
must be considered still the circumstances
under which the crime was committed must
affect the punishment. IL for murder there
would be no discretion, but the indictment
being for manslaughter, must assume that
the crime is manslaughter and not murder.
The public have rights in this matter
well as the individual and his family. His
standing in the community would tend to
increase his punishment rather than diminish
it. His greater influence is not to be for
gotten. IF a man puts himself voluntarily
into a condition Of forgetfulness when he
has no control Of his Passions be must be
responsible for his acts in consequence
thereof If that condition continues so
long as to result in disease that raises
another question. Habits OF drinking NAV
be reformed. Ii is said there are very few
cases where appetite when il becomes fixed
can be restrained except by physical force.
This is a thing from which the public. above
all else. is to be protected If | can do any
thing to reform the respondent ! concur
with the counsel that is the best way TO
protect the community. In many cases |
have had no hesitation in giving a much
longer term than otherwise would in
order that the party may be compelled to re-
form. | have no reason IL doubt that the
dcfeu liant. since the commission OF the crime,
has been temperate. should be very sorry
10 place any Encouragement IN his way in
that regard. If felt it necessary to send
him 10 State Prison for sufficient length of
time to eradicate his disposition for drink,
should have no hesitation in doing ii,but do
not feel it to be necessary IN this case. Yer,
probably il would lead to Encouragement
| would not be willing to DO ANYTHING of that
kind. could sentence for short time to the
Count, Jail, but the County Attorney does
not feel authorized to ask for this. Unless
the responder, continues 70 Ice a reformed
man ! Shall regret that he did not 20 To
State Prison for three To FIVE wears. |! he
does continue reformed | shall ALWAYS feel
pleased that did not send INN 70 prison.
OF course | can't pledge the future. II |
could should know eNacil, how to act. \,
it j. mus: act according 70 my best judc-
ment and take the chances hope am
not mistaken. If i; PROVES that am ii will
he a case u sincere regret because the next
ties, wa, NJ produce reform would IL, 10
p'ac, nlnl uu' n the reach Of temptation.
As if j. DO uoi fell II nrce>,ar, TO IT, that
/, Is ncec>,ar, that the count, should be in
GcnL.;i,i For all costs and expenses and
there MAY w tNpru,t> 1onl taxable costs.