Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-02-06
Committee Hearinx.

sio" eue 'estoidtioh VI capital punishment,
further punishment for murder for second
offence. and reform of the criminal laws of
the State Mr.. J. W. Porter of Bangor. In.
| spector of Prison and Jails. addressed the
committee substantially as follows:
Mr.. Chairman and Gentlemen:
l appear before you on nv own az
count and bv virtue of my own rights
as a citizen of the State l shall not.
as Gov. Morrill, has done, attempt any
jokes. for jokes are not argume nts. l shall
give you some views and statistics from a
purely State Prison stand point. During a
long experience as a member of this legisla-
ture, longer than any man now present except
the gentleman from East Machias, Mr.. Tai
bot, always advocated the abolition of capt.
tai punishment, voting therefore in 1876 Up
to this time this was to me question of the
DRY. About three years since, without any
| solicitation. was appointed one of the In
spectOrs of State Prison and Jails. In this
position found myself looking at this ques-
ton from a new standpoint of fact; the re-
suit of which is that am convinced of the
necessity of some change in the law.
An act approved March 18th 1887, pro-
vides for solitary imprisonment, etc., until
the punishment of death shall be inflicted
and that no person shall be executed within
one year from the time the sentence was
passed
An act approved Feb. Goth, 1872, says,
SOLITARY Imprisonment in the State Prison
is hereby abolished, excepting for prison dis
cipline." This act was laid upon the table
in the House of Representatives, Feb. 22d,
read twice Feb. oath, and passed to be en-
crossed Feb. 26th. 1t was not referred to
any committee and cannot ascertain its in
tent.
Chap. 40, sec. "a of the revised Statutes
provides ''that if any convict sentenced to
State prison for life, assaults any officer or
other person employed in the government
thereof or breaks or escapes therefrom, or
forcibly attempts to do so he may be punished
by solitary Imprisonment in the State prison
not more than one year and be afterward held
in custody on his former sentence" The
warden to certify to the county attorney for
Knox county any violation of the statute, who
shall prosecute such convict.
Several attempts to assault, escape and
kill. have taken place within the last few
years, the convicts under life sentence
knowing well that under the law there was
no more punis iment for them, except the sol
itary confinement.
Samuel ID. Haynes, a convict under life
sentence, was indicted under this statute, but
some doubt arising as to whether or
not the court had authority to sentence
Haynes to solitary confinement, a case was
made up on ''Report" and sent to the full court
which gave its decision Oct. Goth. 1882, that
the passage of the act of 1872 repealed
solitary imprisonment as punishment to be
imposed by the court The abolition of
solitary confinement as a punishment is
entire and universal. excepting for prison
bat, 10,
forced by the Warden. within the precincts
of the prison, and by no one else" Judges
Danforth, Virgin, Peters, Symonds. con-
CURED with Chief Justice Appleton in this
opinion. -
If this decision does not annul all law for
the punishment of the crimes enumerated in
the statute, including murder. then there is
no force in language. There may be some
where in the word discipline 4 meaning
which authorizes solitary confinement. but
what punishment is that to man hardened
by brutal crimes, whose sentence is for life,
and who has no hope of pardon.
In 1876 what remained of capital punish
ment was abolished: under the law as it had
stood for forty years, it was of the mildest
form. The whole number of convicts COM
mitted to the Prison for homicide from 1887
to 1877 was 81. Twenty-Five were sentenced
10 ueatn, IL lot ille anu % LOT term OF
years. Under the latitude of the law the
Governors only issued their warrants to hang
four.-Francis C. Spencer in 1864, Clifton
Harris in 1869, Louis II. Wagner and John
T. Gordon in 1875. Twelve died, % were
pardoned, IL discharged and 10 now remain
in prison.
Crimes may generally be divided into two
classes-crimes against persons and crimes
against property. In this State | believe
that crimes against the person are more
numerous than in the majority of the other
States. while crimes against property are less
according to population than in any other
State in the Union. In this State since 1876.
so far as the Prison is concerned. crimes
against persons have increased, while crimes
against property have decreased.
The whole number of convicts in the pris-
on November Both, 1875, was l4S; of these
IS were for crimes against persons. 81 per
cent; and for crimes againt property 81.
The whole number of convicts in the pris-
on November 3Oth, 1882. was IA. of these II
were for crimes against persons, 80 per cent
and for crimes against property, 20.
There were committed to the prison for
homicide. from 1862 to 1876, II gears, p.
From 1876 to 1882, seven years, %. From
1867 to 1875, the sentences were six to be
hung, three for life and five for a term of
years, II in all.
From 1876 to 1882 there were 10 sent 'nced
for murder and six for man slaughter, % in
all. The character of the crimes since 1876
is far worse than in preceding years. The
last IL persons committed to the prison for
these crimes, were all lor murder and all
sentenced for life. If statistics show any
thing they show that crimes against persons
are increasing with great rapiditv.
Sec. llth. chap. 40 of the revised statutes
provides that the inspectors snail from time to
time establish rules for the government, in
struction, and discipline of the convicts; to
be approved by the Governor and Council
For twenty years or more prior to 1880 there
were no such rules established aid approved
Since that time such rules have been proyid-
ed and approved, but under these rules and
regulations it is doubtful if the inspectors or
warden have any power to punish convicts
for crimes committed in the prison, by sol-
tary confinement
Another question to be considered is the
inequality of sentences for crimes. per-
son NAV set public building on fire in the
night time, in which there may be no person,
and the penalty for the crime is imprison
ment for lite. Add to this the murder or
burning of any number of persons therein,
and the sentence is no more.
Within the last few years convict was
sentenced to the prison for life for two most
foul and brutal murders and arson in the
Al r.