Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-10-09
BY TELEaR
MAINE DISPATCHES.
THE EATON MURDER CASE.
Judge Danf6rth Sentences the Prisoner
to Pay a Fine of One Thousand
Dollars and Costs.
MAcHIAs. Oct. 8.

Herbert Eaton was in court today and ar
raigned upon an indictment of manslaughter
in shooting Samuel Kelley of Machias. in
March last. He pleaded guilty. After re-
marks by the States counsel and the counsel
for the respondent Judge Danforth said in
substance:
This case involves serious considerations.
1t is one he had to meet and was not permit
ted to indulge in any feelings as an individ-
ual. If so he should say to the respondent
tons which can't be overlooked. The in
dictment is for manslaughter. By what
means the grand jury reduced the crime to
that is unknown. We must suppose that
for that would have no tendency to reduce it
below murder in the second degree. Con-
jections are useless. We may suppose they
concluded it was reckless use of firearms.
matter causing trouble, distress and loss of
many lives. In fixing the penalty the indct-
ment must be considered still the circum-
stance under which the crime was committed
must effect punishment. If for muir
der there would be no discretion.
The indictment being for manslaughter l
must assume that the crime is manslaughter,
and not murder. The public have rights in
this matter as well as the individual and his
would tend to increase punishment rather
than diminish it. His greater influence is
not to be forgotten. If a man puts himself
voluntarily into a condition of forgetfulness
when he has no control of passions. he must
be responsible for acts in consequence there
Of Ifthat condition continues so long as to
result in disease, that raises another ques-
ton. The habits of drinking may be re-
where appetite, when it becomes fixed, can
be restrained except by physical force. This
is thing from which the public above all
else is to be protected. If | can do anything
to reform the respondent, | concur with the
counsel. That is the best way to protect the
community. In many cases l have had no
hesitation in giving much longer term than
| otherwise would in order that the party
reason to doubt that the defendant since the
commission of the crime has been temper
ate. | should be very sorry to place any
encouragement in his way in that regard.
If felt it necessary to send him to the State
prison for sufficient length of time to Grad
icate bis disposition for drink, | should
have no hesitation in doing it.
do not feel it to be necessary in this case.
ment, and would not be willing to do any
thing of that kind. l could sentence for a
short time to the county Jail, but the county
attorney does not feel authorized to ask for
this. Unless the respondent continues to be
reformed man shall regret that he did
not go to the State prison for three to five years
If he does continue reformed | shall always
feel pleased that did not send him to prison.
OF course | cannot pledge the future. If l
could | should know exactly how to act. As
it is, must act according to my best judg
ment, and take the chances. hope | am
not mistaken. If it proves that am it will
be a case of the sincerest regret, because the
next best way to produce reform would be
to place him out of the reach of temptation
As it is, do not feel it necessary to try that.
1t is necessary that the county should be in
IDENTIFIED for all costs and expenses and
there may be expenses beyond taxable costs.
He was then sentenced to pay a fine of
$1,000 and costs.
c. b. Rounds with f. Z. Livermore, county
attorney, were for the State, and Geo. E.
Curran, A. McNchol and f. B. Harvey for
the defendant.