Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-11-06
THE nArH MURDEnU



CsuakAatatien ~ Sentence II A.A.a
Yesterday forenoon the Governor and
Council gave hearing on the petition AK.
ing communication of sentence for Daniel
wilkinson, the Bath murderer. Herbert M.
Heath, esq of this city, the prisoners couu-
sci, appeared in his favor, and ATTORNEY Gem
erai Baker. and County Attorney Buker of
Sagadahoc for the government. The peti-
ton besides asking for Communication pr.ved
that the prisoner might be respited q month
to give time for full investigation q pro-
vided in Revised Statutes. Chapter 1855, Sec.
IA. Mr.. Heath opened for the respondent and
related the facts of the murder iu brief He
said:
1t seems that one night in September Will
kinson with the man Elliot went to Bath to
rob store. When in the act of entering the
store Policeman Kingsley discovered the men
and followed them, firing at them. Wilkin-
son took out his revolver and while running
up Broad street he met Officer Lawrence.
shot him and hardly stopped in his flight. He
did not take his pistol out to kill Lawrence but
because he was followed in the rear.
Since capital punishment was last made a
law in this State there have been five persons
convicted OF murder in the first degree. The
first cases were of those of the two Italians
who were hung. The others convicted are
in State Prison at Thoms ston, viz. Wilkin.
son, Mrs. Barrows and Oscar Blaney Now
gentlemen, hold. and without bias, that, of
these five the one whose crime approached
nearest murder in the seco ID degree is Daniel
: L.
law of our State, to be murder in the first de-
gree, cool and deliberate intention of COM
hitting crime. Now how does this rule of
law apply in this instance? In the case of
the two Italians, it is clear that they deliber-
ately planned the execution of their fellows,
and there are mitigating circumstances in the
case of Oscar E. Blaney, because he tes-
titled for the government. With Mrs.
Blaney there was every element of delibera-
ton. 1t was a cold blooded, atrocious butch
cry. Where in the crimes of the other four
murders, there was deliberate intent, Wiki
inson's act was committed in second, and
he did not even know that he had killed the
| officer when he fed. If, gentlemen. a broad
| view Of this case is taken, in connection with
the others, cemency should be extended.
County Attorney Buker of Ssgadahoc Coun-
ty, who was one of the prosecuting attorneys
at the trial, opened for the government.
He believed the counsel for the res
pondent was doing his whole duty
and agreed to the facts presented bv
| Mr.. Heath. Mr.. Buker then related the
| story of Portland hotel-keeper, who it was
alleged overheard certain conversation be-
tween Wilkinson and Elliot at Portland previ-
Gus to the murder. Later on however, Mr..
Heath showed that the testimony of the Port
land man when on the stand did not sustain
the story. Mr.. Buker cited Judge Libbeys
ruling, that it was not necessary for Wilkin-
son to 60 to Bath with the intention of killing
any one man, but might have a general in
intention Of killing anyone who ob.tructed
| him.
| Attorney General Baker continued for the
government and referring to the statement of
| Wilkinson's counsel, that Wllkinson's crime
was on the border line between murder in the
first, and murder in the second degree, said,
there is no doubt that this Board has a right
to commute the sentence of the prisoner if
they see fit But it is the duty of the court to fix
the degree Of crime. do not think it was
the intention of the legislature in making a
law in this matter, that case should be re-
viewed by the Governor and Council,
| do not apprehend that a member of this
Board would have been constrained by prin.
| CIpiCeoi law W klFc DAduty IL
had been by reason of the fact that he was
witness for the State. In Mrs Barrow's case
| agree with the counsel that it was cold
blooded and atrocious. There il no ques.
ton that Wilkinson was rightly convicted I'M
der the law passed by the legislature. In
Bianeys there are extenuating circum-
stances which should be taken into account.
1t was the finding of the jury that Wilkinson
armed himself with a deadly weapon, pre-
vious to the murder, and shot at Lawrence
with the general intent of killing.
urge the necessity of caution in pardoning
or committing the sentence of prisoners, and
that there should be halt.
| Mr.. Heath believed that the reasons given
by Mr.. Yeaton for communication in Blaney's
case were sound. All ask for Daniel Will
kinson is even-handed justice, and that the
same law and clemency be melted out to him
as to the others.