Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-11-25
MRS. BARR0WS AGAIN.
Judge ]. ". Symonds Delivers an Elo.
quent Appeal
Before the Governor and Ce.uc,, a.
Clemency.

NSemeAcy.
Yesterday the Governor and Counc;, o.v.
another hearing to the petitioners who a,k .
consultation Of sentence for Mary F. R.r.
rows, the Kittery murderess. now in STATE
rrison under sentence of death, and judge
Joseph W. Symonds of Portland delivered
an eloquent appeal for mercy. occupying an
hour and As minutes. He said:
What have to say will be sulv in beha,s NJ w..
nSanowe and shall refer to Blaney only a. I an
oDnged to oy the connection OF the two cases. i
,GAn oraw no comparison between hem, and have
already hangs over this terrible crime
ny commission is to speak for Mrs. Bar.
t TOW simply as an individual, and am not aware
Inat sne Knows OF my appearance here, even What.
eyer say ought not to prejudice the cases Of either
o. them. am not here as their agent come be.
The speaker discussed the pardonin pever NJ sor,
lengtn. That the power is liable abuse is not de
nlso oat there Is less danger in the abuse of the
always exist. '-oA''
Blackstone. Story and Chief Justice Marshal were
should exist somewhere. He held that this power
had peculiar reference to capital cases and thai n
was the duty OF the Council to review the testimony
az presented In court. 1t is provided by law that
tne governor shall respite until there Is full in.
vestigation 1t was never intended that testimony
saoaa oe sent here and not read that it should be
read without judgement; that the judgement should
not be acted upon. should the case appear doubtful
ether as concerns fact or degree feeling Of mercy
Is excited, then the board should act accordiu gly
The power exists here in this board and hold that
II Is the duty Of Its members to exercise it al
the Judgement dictates
Tne English criminal law was cited, where the
pardoning power was vested In the Home Secr Ell sry
In this state. the speaker continued. where public
Damon on this question is continually ing to
81 ha fha
action of courts and if there Is even a shadow Of
Inju stice. ascertain it and act in accordance?
~ 70 necessary tor me to speak of Oscar E. Blaney
on whose application for mercy believe the Coun
Gil took no final action 1t has been truly said thai
Mrs barrows was only an accessory. l contend
second degree in the FRS. derr asp1 from IN a ns
view that l can take of this murder. There is i
distinction between one who is an accessory
tAe murder fake the worst view possibi,
and Mrs. Barrows was not principal in tn,
first degree, nor can he be made So although undel
the sta ute she ma suffer death. If elem
ency Is extended to Oscar F. blaney, as bell We i,
Will be from the nature OF the then the question
arises. can higher penalty be imposed Mrs Bar
rows, who was only an accessory to the fact?
the speaker proceeded to show why Blame,
should receive mercy: He and Mrs Barrows com
for the State, and this. understan II, entitle
him to recommendation TOR mercy from the court
Ca.es were cited in support of the assertion thai
where an accompic- makes full COMES sion h,
should not be prosecuted for an ofense committed b.
him.
Some say that Blaney did not expect to deriv
benefit from giving evidence for the State. do mo-
believe it. Did he not write letter to his wife ad
vising her to state all she knew to the county attor
ney! 1t is plain he loved mis- wife and hold tina
she aided in this crime. although at the trial thu
State kept it out. say that there is evidenc
to convict Mrs. Blaney of tn" first assault in tn
barn than Mrs. Barrows When Blaney tells IN
that he gave evidence without hope OF reward,
believe he did it to get clear himself and place hi
wife in safety. So far as Blauey is concerned lega
mt antv aim Pinhf tn haiti
l for mercy from the court.
But in Mrs. Barrows' case, what Is the characte
of the evidence which convicted her? She stand
convicted on the testimony of an accomplish and the
testimony OF a detective.
Here Mr. Symonds quoted Greenliet on evidence t
show that confessions of guilt should be received
with great caution, and that judges advise juries no
to convict in felony the sole and incorroborate
testimony OF accomplices.
say that from the nature of the evidence in thi
case that there is need of the cnange of sentenc
which the petitioners pray for:
The speaker did not look with favor on detectiv
evidence. Wood says that the day before Bl ney wa
arrested Mrs Barrows came to him and asked him
he would be he friend He had replied yes. This wa
characterized ~ Il c'!d and inhuman act. VIII
should he not hav I III her the truth and nforme
her that was his business to unearth the perpetrs
tors of the crime
plicity in the first assault on her hu band. Whe
Blaney went into the shed on the evening OF Nov
18th, 1t was his own act and there Is no evidence
, show that she was knowing to it. There are man
things to show that she was in no sense an accom-
| plice Blaney in his testimony does not int
mate that she had anything to do with the first a:
sault Woods testimony has nothing to do with thi
first assault on Thomas Barrows.
The relations between Mr.. and Mrs. Barrow
were examined We get glimpses of something t
I shudder at, he said. The attempt of Barrow
to shoot Mrs. Blaney, his br ,ndishag of bu oh
er knives, and savags conduct were referred
and it was asserted that was in constant fear
her life Barrows had made assaults upon her, an
was getting control of her property. The testmon
? showed tina, Mr.. and Mrs. Blaney were in c0nstan
, fear of their life
When Mrs. Barrows looked out of the window an
saw her husband dragging himself towards the hous
| what mus have been the state of her mind Sh
was filled with feeling of abject terror. She dare
not face that and in fear and trembling fled int
the house of her sen. Call it murder if you viii
Does il take its place among the blacklist OF crimes
Il there any evidence of that cool and sedate min
which we associate with murder In the first degree
Convict her of the crime she was guilty but never
a higher one. believe he made that woman's life
prolonged torture.
| | say that her completely begins wheu she saw Bal
rows crawl to the house, PUSHES to Baney with tn
exclamation. "fnish this work for the safety of u
alp"
The speaker held that 1t was unjust to enforce tn
full penalty Of the law upon Mrs. Barrows, ide
ing the circumstances. If she had told the tru, h.
| urged, facts would have been developed which woul
resulted in verdict other than murder in the frs
degree
= uealed for mercy, and II evident this
his speech had made q marked impression on hi
hearers, and before taking his seat he received tn
CONCENTRATIONS of several OF his friends. 1t
of the ablett arguments ever heard in the Counc
Chamber.