The Portland daily press., 1884-12-31

nrSt degre9 ana was sentenced 10 Do nung. a
petition for the Communication of his sentence
to imprisonment for life is now pending before
the Governor and Council.
Carman Santore and Raffaelle Cadone, two
Italian laborers, were convicted Of murder of
the first degree in killing Pasguda Coscio and
are awaiting execution.
Dennis Kelley was indicted for the murder
OF Francis A. Smith at Fort Popham, but the
Supreme Court decided that the case belonged
to the United States courts and it was turned
over to them
J.F. Walker of Embden was indicted for
murder in killing Albert r. Daggett. The
jury disagreed.
Robert Grindle, indicted in Hancock county
for murder has been sent to the insane asylum
for observation.
murder in the second degree for killing Thorn
as r. Malloy at Togus.
John r. Baker was convicted of murder in
the second degree for killing Julia f. Tuck on
the fifth day of last September at lbion.
Harry Burns was convicted of manslaughter
before the Superior Court of Kennebec county
at the December term.
Thomas j. Libby of Scarboro is now under
Indictment for the murder OF Lydia s. Snow
at Portland on the 9th of September last. The
trial will probably take place at the January
term OF the Superior Court in Cumberland
county.
"The convictions for murder in the first de-
gree during the year 1884, says the Attorney
General, "are in excess of previous years. The
crime 10 one of the gravest recognized by the
criminal law. and it was the deliberate juds-
ment OF the Legislature that the good OF So
ciety required that the highest punishment
should be imposed. There may be exceptional
cases where jurors will hesitate to apply the
extreme penalty of the statutes, but such in
stances have been exceedingly rare.
MISCELLANEOUS.
Under this lead the Attorney General says;
"l,he Legislature of1877 passed statute en-
titled AN act to prevent Incompetent persons
from conducting the business of apothecariss'
Commissioners of pharmacy are appointed by
the Governor, and they are authorized to ex-
anime persons who desire to engage in the
apothecary business, and upon satisfactory evil
dence being presented that the applicant 10
competent, may issue certificate OF the fact.
Tho law further provides that II any person
shall hereafter engage 10 the business contra
ry to the provisions of the act he shall be sub
ject to penalty OF $50 for each week he shall
so oontin9e in such business, which may be
recovered by an action of debt to the use of
the prosecutor. Under the act many suits oi =
private character have been brought against
citizens of the State engaged in the business of
apothecaries, for the recovery of large sums of
money in the nature of penalties, for an al
legged Noncompliance with the terms OF the
act relating to registration.
Suits to recover penalties have also been
commenced by private prosecutors against
treasurers of business corporations under q
Statute formerly existing requiring the Dubli-
cation OF semi-annual statements relating to
the amount of assessments paid to the corpora
tion, the existing capital stock, and the
amount invested in real estate.
yhev wee cc,...o,en"Sed ccc..oe"ed without notice to
such officers No actual dan,sse "..n be shown
to such private prosecutors; and the proceed
ings are not within the control of the prose-
cutting officers of the State under the statute
applicable TO the same, and must be left to the
legislative branch of the government to grant
whatever relief may be deemed necessary. 1t
is to be presumed that the legislature did not
attach the penalties for the purpose of enrich
ing private individuals, who have no interest
in the enforcement of the statute beyond the
eecuniary gain that may result to them by in
sttutng suits for the recovery of the penal
ties. A law OF this character, permitting pri-
Yate prosecutors, with no responsibility to the
State, and who have suffered no damage, to
engage in unlimited and indiscriminate pros
ecutions for private gain, is vicious in its ten
denotes and serves to bring reproach upon wise
and beneficial statutes enacted for the public
good. II is believed that the existing statute
should be amended, and all penalties aud for
feitufes Hereunder should enure to the State
or county where the forfeitures occur, and that
the prosecution should be left with the county
attorneys OF the several counties.
In retiring from the performance of the pub
lie trusts that have been confided to my care
for the past five years, avail myself Of this
opportunity to pay deserved tribute to the
prosecuting officers OF the various counties, for
their faithful and efficient discharge of public
dEties, and fully appreciate the uniform cour-
tesy and kind consideration that has been ex-
tended to me by the executive, the legislative,
and Judicial branches OF the State government
and the people OF the State.
The whole number of prosecutions in all the
counties during the wear was 445 as follows.