The Republican journal. [volume] (Belfast, Me.) 1829-current, 1883-06-07

ana ne was eXeculeu On lle 2ist uay OF July
following waking IRON the prison IN the rear
or tne court mouse TO lnf SalloWs near Ine OD-
serNatory, full half mile, with Sheriff Waite
on one SIDE ana the Kew MI. Bradley, OF
StroudWater, on the other.
early IN the present century, much trouble
arose IN portions OF the country between the
kennebec and Penobscpt rivers, by class OF
people called squatters; men who,' to quote
lhe language OF lhe Iale John I'll. sheppard,
ESD, enheI WHnout colof OF title, or ullder
lmphed grants from pretended agents or specu-
atofs, nad entered upon lots, cleared them up,
punt houses, ana raised families. Numerous
lawsuits, e]ectlnents and quarrels We're the re-
sun nah! OF these seltiefs beHeVed inat 'the
hgher laW,' the law of conscience, Justified any
measures; even the shedding OF blood, IN de-
fence OF tnelf clearlnSs against the propfelors.
and combinations for resistance were formed.
Inc dlfhcultles culmlhated, IN lSo9, IN the
murder OF raul thadWlck Whlie assisting
surveyor IN Malta, near windsor. He was
Wayiaid ana shot by an armed party consisting
OF EilJan Barton ana others, disguised as IN
diahs' EISht OF ihelr number including Bar
ton, were arrested and lodged IN Augusta lal.
Ihelr rescue was attempted and the militia
was cailtd out 1of protection; AT the october
!ernl OF the supreme court the prisoners were
indicted Tor murder. and a special session Tor
me trla was helu during That month thiGf
Justice HedSWlck anu Associate Judges StWaii,
thatcher ana rarkcr were present; Samuel
,. Nlide' OF liaIloWell' ana Prentiss Mellen' OF
ioJ Dari, SaIintGr :onhroI ann,raI i'tt fo A.,
Eovornment Tbe dafn,iLan,tsf feIo'.tod 70 ho
,riad togather
Tho triai accu,iad tnn Iory anil fort,.-fo,,,.
Witnesses Ivern avaminnJ iTbn fart ~ a,,iit
was nrovnd hnvo,,1 any, i,,n..on.bIn donht az
least ,oainst n9rt If ~ nriunnarx XII of
thnn Nd hean reoomri1n,, II Jnlian dism,,iSa
ON the .fternoon Of fhn ,,,nrjn. ,,oar tho ,,ln,o
,ybere if VA rommittaJ Saran ronntariII
nnnfnSund tbn;,. n.rtin;,,ti i, tha or;n,n trn,:a
If thpir nl,mher wera idpntit;eJ in the dIin%
1aclarati ion If the dereasnd ms
ImJ~a porl.or nh.rraI tho ;.,. ,,-ho of+or
Loinu amt twn i.v. tn tba .,,rn,r;t of ,ho .nirt
hor .,nJ sn"ctators retnrnnl :, yerdirt of NO.
,r,,;ltv - Uigher Inv, hi ,,ravailnd MA
9nurf mada Soma nartinont anI ;,diniors .a,''
ments ,,non The extrama dananr 6f 'nttin ,Si,i,
the law of thn land md hrnnEino lov.n tha ,,nr-
tifiou walls between ,ioht ami wron~ rnmaarI
inlr tb,t ..tbo ,st nsond ;ti1er .hmi1
he that thr ,IiSrrnpt inteo,itT If iurvman n,a1,
he ,s wnII nrnsnrved fro,n tba contaminatin..r
inturnre of tho threats nr ,iotronaon of the r.a1
,s from the whimsical ,,isauidnd aurr,7t Of
whit, ,,,,i,,;,,, " -
mo nA:nt nf +bi, fatal ,,,,,,, tIo ,,l,io ,,,,,
s.ntarv in ind,,cino = snirIt If ronc;Iiatinn and
nm .cnninscpnrp in the iultira If thn nniotino
and remedial st.tutr, nasSrdtwn vnarS nrelio,,S,
iy knnyn ~ ..rhn pattnrninnt ict"
Tho first conitnl trial cost Of Lincoln .ountv
took Mace nt Castinn in is11 hnfnra thn ~
premc Judicial Court for the colInties of Ham
cock and Washinoton Ebpneznr Ran of Pnh-
hinston wns thn ,nrtv oc.,1Iad IJo was chor%nJ
with shooting one John II. Downs. nt Robbins
ION. who had an iIIep;l Warrant AGAINST him
Ills counsel. William CroIby and Nnthanirl
Coffin. Eso'rs cl,impd thAt the rondIrt nnj
pursuit of the deceased Nprd surh proyocation
as reduced The offence from murder to man
Slaughter. and thai there was an attemnt tn A.
resi- without LEGAL anthorityL which mnst have
the same effect. In several liarirulars. the ease
resembled that against brew and Ouimbv.
which was tried three wears before at Portland
The iudgcs who were SeIaU Thatcher and
Parker seycrlllv addressed fine iurv They
took a parti,.ular view of tbr evidence uro,u,
ed. and agreed that ..tbp fat1l essential 10 ,uon
tain the indictment were fjIlv proved bv m
contradictory testimony, FThey ylso ,%rend
that the warrant. bv virtue Of which the de-
ceased intended TO arrest thh prisoner yas en-
tireIy void: and that he must be considered AS
having pursued the prisoner with the intention
of arrpstipr him without lawful authority. The
court also stated to the iury the law TO be clear.
.that if one arrests or atteinpts to arrest an
other. without lawful authority, and is killed.
the homicide may be manslnj jIohter. but cannot
be murder" The only point dn Which the ronr
differed in opinion was. whether there was any
evidence of AN utteu,Dt 10 0y,rs
Two of the court in their charge to the Jury
stated that though AN iatpo Won 10 arrest was
manifest There was no evidence of nm ,ct,,tI
arrest. or an aftenDt to ettrct if The true de-
tinition of an attempt to ARREST AS contra-dis-
tinruiShed from an intention To arrest heino
that the asSaiIant shouId he Within reach of the
object of his pursuit. and Iroceedin~ to Inv
hands on him. in ike mannpr1ns IA institute al
assault which il am otf;1nsp short of a. Laitnrv
the nartv must he so near that his drsion 10
Strike may fake effect if he ht not jntercrntaI
Judge SeWaIl delivered if rs Ills ouinion t6 thr
Jury. that the circumstances Iyo,lII aIlthorize
them TO believe there " AS an Etiemuf TO arrest.
and if they did believe if. they oupht to convict
only of manslnuchter.
The iurv retired about fen o'rlork at NIGHT
and in The forenoon of the nclt dnv ret,1rned ),
verdict of ouilty. when JudoL Srwall after .
very clouuent and pathetic adbrrs, to tbe nris.
oner. nrdnonncpd .imainSt hinI the Sentanrn nf
the law.
Ii was then stated bv JudoeI Sewall that as -
difference of oninion had nnnh.rrd amnnp tbn
membors of the rourt mon nnhmnnltant 1uns-
ton of law. tbc case wolld be SLATED IN thp chief
Justice for his opinion, and if either Of the udg
es continued of An opinion uron thr nuestion
favorable TO the prisoner. u ltutement of thr
case. with thc several rensonl wonlJ he laid
before thc executive.
The chief Justice roncurred with his associates
who thought that the crime as troyrd amount
ed to murder and .Iudge Srwali after dme con-
si,eration, adontcd thn same yidws Thereforn
thr rort tt;rof hing in
mont and thp santannn7 v,.,l narriaI inta "ttInt
i ''iN nv 80 ''u INV 'lANNt'