The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-05-26
MAINE HISTORICAL SOCIETY.
CONCLUDED FROM rH1ep rAoE)


true definition OF an attempt 10 arrest as con-
tra-distinguished from an intention to arrest,
being that the assailant should be within
reach OF the object Of his pursuit. and proceed
ing TO lay hands ON him; In like manner as to
institute an assault which il an oifense short
his design to strike may take effect, II he be
not intercepted. Judge Sewall delivered II as
his opinion to the jury, that the circumstances
would authorize them to believe there was an
attempt to arrest, and II they did believe u,
they ought to convict only OF manslaughter.
The jury retired about ton o'clock at night
and In the forenoon OF the next day returned
o verdict Of guilty, when Judge Sewall, after a
very eloquent and pathetic address to the
prisoner, pronounced against him the sentence
Of the law,
1t was then stated by Judge sewall that as
difference of opinion had appeared among
the members OF the court upon an important
question of law, the case would be stated TO
the chief iustica for his opinion, aud II either
OF the judges continued Of an opinion upon
the Question favorable 10 the prisoner. a state
ment OF the case, with the several reasons,
would be laid before the executive,
The chief Justice coneurred with his assor
ciates who thought that the crime, rs proved,
amounted to murder and Judge Sewall, after
due consideration, adopted the same views
Therefore, the coart offered nothing In miti-
CATION OF punishment, and the sentence wa
carried into effect.
Four years afterwards, Castne became the
scene OF another capital trial. Moses Adams
sheriff OF the county OF Hancock, who had Of
tcated at the execution of Ball was arragned
upon an Indictment charging him with a
more atrocious crime than that for which the
latter suffered. Adams resided in Ellsworth
He was physician OF good reputation, grad
uato OF Harvard College. and member Of the
Massachusetts Medical Society. On the after
noon OF the twelfth day nf May, 1915, his wife
was found murdered with an axe, in her
house. No cause for the crime on the part
OF the accused was shown. He had been
noticed walking rapidly from the premises
about two houfs before the body was seen, ac-
eording y several witnesses. Others called 1t
later. His absence during that intervening
time, was satisfactorily accounted for. His
clothes exhibited marks of blood. He claimed
that money had been stolen from his desk.
Chief Justice Parker, and Judges Thatcher
and jackson held the court. Attorney Gen
eral Morton represented the government BY
request OF the prisoner, Samuel s. Wilde aud
Prentiss Mellen were assigned as his counsel,
who claimed In defence, that the deed was
committed by thief, who robbed the house;
that the stain on the clothes we're acquired in
his surgical Practice, and that the vital heat of
the body, aud the nuclotted appearance of the
blood excluded the theory Of guilt, as Adams
had proved an abb fer two hours before the
discovery Of the murder was made. The evil
dence, however developed wide Inconsistencies
as 10 tilnct as 10 tue stare Oh Inc DOuy as 10
warmth, when found. and as 20 the dryness of
the blood. In charging the jury, Judge Jack
sou remarked: fThe prisoner was, on that day,
In such situation that he had opportunity to
perperate this deed. II was possible that he
cid II. This is necessary step, although a
very short one. towards conviction. Even II
il were more probable that he did it thsn any
other person, such probable presumption is
never sufficient to affect the life of any one
party accused" The Chief Justice and Judge
Thatcher observed that they had intended TO
have charged the jury; but as they concurred
entirely in what had been said ly Judge Jack
son. they should omit il, aud would only add
that the question was not whether the jury
were entirely satisfied Of the innocence OF the
prisoner; but whether he was proved 10 be
guilty.
After two hours deIiberation. verdict Of
not guilty was returned.
From the high social standing of the accused
aud his murdered wife, and the wickedness OF
the crime, the tTial attracted more than 0rdin-
airy interest. The meetiBghouse, in which il
took place, was crowded, aud during a panic
which ensued from fear that the galleries
were breaking down, several persons were in
jared. John Bulfnch, who is now living in
Waldoboro, at the advanced age OF ninety
years, and who, with the exception OF our ven
erable associate. John Mussey. Is now the old
est lawyer in Maine, reported the proceedings,
which were published IN a pamphlet
Public opinion did not sustain the acquittal
OF Or. Adams. HIS character was destroyed,
and he soon sought obscnriiy, where after
many years of physical suffering, he died in
1880
The last capital trial before the separation,
was also in Castine. 1t was that Of Peol Snsup,
an Indian of the Penobscot tribe, who when in
toxicated, killed William Knight, an inn
keeper at Bangor. Tho latter had elected him
from the door, and endeavorrd TO drive him
away. Susup admitted his guilt, bat pleaded
M ~ tfRsaa aua Ff EhaN rfa 81
took place at the June term OF the Supreme
Court, in 1917, before Chief Justice Parker,
and associate justices, Thatches, Patnam aud
Wilde. According TO the position urged by
Mellen and Williamson, bis counsel, the YER
dict was manslaughter.
In mitigation Of sentence, John Neptune, an
Indian OF the Penobscot tribe, deliberately
addressed the judges in an impressive speech
OF several minutes. He used broken English,
yet every word was distinctly heard and easily
understood. His gestures were frequent and
forcible, his manner solemn; and breathless
silence pervaded the whole assembly.
Susup was sentenced 70 imprisonment, and
required 20 lind sureties for keeping the peace
The thanks OF the society were rendered Mr..
Williamson for bis valuable paper.
Mr.. James p. Baxter read tho following val
uabls paper identifying the seal of the. Ire
lawney patent with The seal of the Plymouth
charter.
THE GREAT SEAL or THE COUNCIL FOR NEW
ENGLAND.
"The Council established at Plymouth. in
the County of Devon, for the planting, railing,
ordering and governing New England in
America, was Incorporated on the third day
Of November, A D., 1920. There were forty
members of the corporation, some of them be-
ing of high rank. The territory placed under
gxtHuial frpr IN.
between the fortieth and iorty-eighth parallels
of north latitude. Between the date OF the
charter OF the corporation, aud the date OF it's
surrender IN l63J, many grants of land we're
made, bearing the broad seal Of the Council
yet but Que Of al these seals Is known 10 be 10
existence, and that is in such an imperfect
state, that IL has hitherto been thought that
the device upon II was undecipherable
The seal referred TO Is In the Re-
eorder's office ~ at Plymouth, Mssaachu-
sets, and was formerly attached to
the patent procared hy Isaac Allerton, who
was sent fonr times 10 Eogiand by the Pilgrims
to obtain patent enlargng their original
grant, and establishing the boundaries OF the
sold Colony" ~ THIS patent was In the pos
session OF the family Of Governor Bradford till
l74l, when, Josiah Cotton says, after a deal
OF labor and cost" IL Was found at Plympton
and used in the litigation between Massachu
setts and Rhode Island, respecting the bounda-
ry line between them. Since 1920 1t has been
In the office Of the Registry OF Deeds at Ply
mouth. BY order Of the General Court the
seal, which Is Of brown wax, being broken and
defaced was repaired by matchmaker (3) who
probably warmed II, thereby rendering the ii L
ures, which were In bas relief, so indstiDct al
that antiquaraDs interested in the matter have
given up all attempts TO decipher It, What
became OF the original seal OF .he Council is
unknown. " Ia certainly not to be found In
the British Museum, or other pubic museum
of Engla We know that in 1852 IL was in
possession OF the Earl OF War lick, one OF the
most prominent members Of the Council, who
having, " would seem, had a misunderstand-
ing with his associates retained the seal
against their wishes, for at meeting, 'Att
ye Lord Great Chamberain's House In Cham
nell Rove, the 20 OF Novemb'r, 1882" IL was
resolved, that, "In regard We Companies great
scale remained in the Earle of Warwicks
hands, ye Lord Great Chamberlain was in-
treated 10 move ye sd Earle OF Warwicke eifec-
tnally for ye delivery Of Il unto Sr. FerdnaDdo
Gorges, Trer, into whose hands 1t ought TO re-
maine; also Sr. Ferdinando Gorges promised
to desire 70 sd Marshall TO ioyne 70 the ye
l.. Great Chamberlaine in showing We Earle OF
Warwicke, ye necessity OF having We scale de-
livered forthwith unto 20 Trer, in regard OF
patients web at every meeting were de-
sired This was tho last Of several at
tempts which the Council had made (5)
to obatn the seal, aud II would appear that it
was finally successful In obtaining IL, for "At
meeting in the Earl Of Carlile's Chamber at
Whi,efield, the 10Th day OF April, 1850" an
order was passed for,
The Earl Of Arundel with Secretary Win.
l.lus.