The Portland daily press., 1883-10-09
A LIGHT SENTENCE.
Herbert Eaton. the Calais Man
Slayer, Fined $1,000 and Costs.
Judge Danforth Delivers a Homily
Previous to Passing Sentence.

MAcHIAs, Oct. 6.--Herbert Eaton was ;r,
court today arraigned upon an Indictment for
mansaughter in shooting SamueI Kelly, Jr..
at Calais in March lass He pleaded not
guilty. After remarks by the States counsel
and counsel for respondent Judge Danforth
said in substance:
"This case involves serious consideration 1t
Is one he had to meet and was not permitted to
indulge in any feelings as an individual. If so
ne should say to the respondent Go and do so
no more.-There are considerations which
cahnot Dc overlooked. The Indictment is for
mansiaughter By what means the grand jury
reduced the crime to that is unknown. We
must suppose they had some reason outside of
lhtoAicatlon Tor that would have no tendency
to reduce it below murder in the second de-
gree ConJectures are useless. We may sup
pose they concluded it was reckless use of
firearms, matter causing trouble distress
and lvss 0f many lives.
In nxing the penalty the indictment must be
considered. Still the circumstances under
which the crime was committed must affect
the punishment. If for murder there would
De no discretion. but the indictment being for
mansiaughter mnst assume that the crime is
manslaughter aEd not murder
The public have rights in this matter as
we'll as the individual and his family. His
standing in the community would tend to in
crease the punishment rather than diminish it
III.
II man puts himself volu tarilylinto condi-
tion OF forgetfulness, when he has no control
OF his passion, he must be responsible for his
acts in consequence thereof 1t that condi-
tion continues so long as to result in disease
that raises another question. Habits of drink
ing may be reformed. 1t is said there are very
few cases where the 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 that is the best way to
protect the community. In many cases have
had no hesitation in giving much longer
term than / otherwise would in order that the
party may be compelled to reform. have no
reason to doubt that the defendant since the
commission of the crime has been temperate.
should be very sorry to place any discourage
ment in his way in that regard If I felt it
necessary to send him to State Prison for a
sufficient length of time to eradicate the dis
position for drink / should have no hesitation
in doing it but I do not feet it to be necessary
in the case. Very probably it would lead to
encouragement. I would notibe willing to do
anything of that kind. / 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 State Prison
for from 3 to years. If he does continue re-
formed, shall always te6l pleased that did
not send him to prison. OF course I can't
pledge the future. If could should know
exactly how to act; as it is, must act accord
ing to my best judgment and take the chances.
hope am not mistaken. II it proves that
am it will be case of sincerest regret be-
cause the next best way to produce reform
would be to place him out of the reach of temp
tation. AS it is I do not feel it necessary to try
that the country should be indemnified for all
costs and expenses and there may be expenses
beyond taxable costs.
Sentence. Fine of one thousand dollars
and costs.
G. B. Rounds with E. E. Liyermore, County
Attorney for State.
George e. Curran, A. McNichol and E. B.
Harvey for defendent