The Portland daily press., 1885-11-25
THE KITTERY MuRDERERs.
RIaney's Sentence is COMMITTED,
While That of Mrs. Barrows
is Suspended Until the Third Friday
in April, 1887.
The Next Legislature Will Probably
Settle the Matter.
Further Nearing in Regard TO the
Bath Constable Case.

AUGUSTA, Nov 2ETuesday forenoon the Gov
ernor and Council gave another hearing to the pc
titioners for the Communication of the death SEN
tence of Mary E. Barrows, the Kittery murderess,
to Imprisonment for life Judge Joseph w. Sy-
monds of Portland appearing for the petitioners,
and delivering an eloquent appeal for mercy, oe-
cupying nearly two hours. He stated he came be-
fore the Council on public and not personal
grounds, and Mrs. Barrows, herself, did not even
know that he was pleading in her favor In a
clear and terse manner he demonstrated to the
board that they possessed the pardoning power,
why and when they should use it, and that there
is less danger from an abuse Of this power than
from its incorporation. Eminent authorities
We're cited sustaining his position. Judge Sy
monds said that at the most Mrs. Barrows was on
ly principal in the second degree; that there
was distinct difference between one who is ac-
cessory 10 the fact, and one whose hand does not
commit murder; that no statute which imposes
the first degree can make it so that if clemency is
granted Oscar E. Blaney, as it is believed it must
be, this board can then allow Mrs. Barrows to suf-
fer higher penalty than the principal in crime.
He held that Mrs. Blaney, wife Of Oscar was con
nected with the crime, and that Oscar. by turning
States evidence, expected to obtain mercy for
himself and place his wife out of danger; that
there was not one atom of proof to show that
Mrs Barrows was knowing to- OF actuated Blaney
to shoot at Barrows the first time near the barn;
that when she heard the pistol shots and saw
her husband crawling towards the house, she
fed to her son-in-law's house, naturally thinking
it was he who did the shooting, on ac-
count of the difficulty he had had with Barrows;
that in her terror and fright she spoke to Blaney
and asked him to finish Barrows. He consented.
If all the facts of the married life of Mr.. and Mrs
Barrows had come to the surface, and all the
trouble which they had had, she would never
have been convicted of murder in the first degree.
The matter was tabled by the Council
Clemency to Both.
This evening, the Governor and Council, in exec
utive session, voted to extend clemency to the
Kittery murderers. Oscar E. Blaneys sentence
was commuteG from death to Imprisonment for
life, on the ground that having given evidence for
the State he is entitled to receive mercy. The ex-
ecution of Mrs. Mary E. Barrows' sentence is sus
pended until the third Friday in April, 1887.
Blaney and Mrs. Barrows were to have been hung
in December. Another legislature viii convene
before the reprieve of the latter expires.
The Bath Constable Case.
The Bath special constable case was again on
the tapis in the Council Chamber this afternoon
and many citizens were present from that city,
where there is much discussion over the matter Of
Francis Adams, Esq Joseph M. Trott appeared
for the petitioners, and VIM. e. Hogan, Esq, for
J. W. Wakefield, Mayor of Bath. The question
came up as to the charges against Jos. Bailey,
whom the petitioners desire to have appointed
Mr. I rott read an affidavit from Eben E.
Mayberry, formerly of Bath, to show that
he never paid Bailey $50 or any other sum
for being easy with him when marshall and
two others from persons present at the interview
between Messrs. Wakefield and Bailey in which
the former charged the latter with receiving mon
ey for 'letting up on liquor sellers, the latter
making square denial. Mr.. Bailey was called
and sworn, testifying that he never received mon
ey from Mayberry other than lookup fees while
marshal
Mr.. Hogan, for the remonstrants, stated that the
question at issue today had been changed from
whether or not a constable shall be appointed to
a question of veracity. Mayor Wakefield and his
friends do not object to the appointment of a
State constable, but to the appointment of James
Bailey.
C. T. Hooper, being called, testified that when
Judge Dickerson was on the bench several years
ago, James Bailey had approached jury regard
ing a verdict, and the judge reprimanded him for
perjury and abusing the jury, and said that if the
grand jury present would have him indicted for
the same.
Silas Adams of Bowdcinham corroborated the
above.
j. w. Wakefield denied that he asked Mr.. Bal
ley to modify his enforcement Of the liquor law,
Affidayits of MI Wakefield, Gen t. w. Hyde,
Mr.. William Rogers Of Bath, John w. Balou,
sheriff of Sagadahoc county, Geo. A. Smith, a for
mer clerk of the Sagadahoc House, G. H. Smith,
Philemon Brown, Lowell, Mass, and John Gil
more were presented, showing that Eben b, Ma
berry had paid Bailey money while landlord of
the Sagadahoc House.
Mr.. Hogan stated that he was member of the
committee of the city council of Bath appointed to
examine the charges against Bailey, and that an
easy report was made in orderthat it might not
sult in sending both Bailey and Maberry to State
prison.
Mr.. Bailey, being recalled, testified to searching
the Sagadahoc House four times and finding
liquor thrice.
Gov Robie, in closing the case, stated that the
names of VIM. Fl. Mains of Bath and Charles S.
Hodges of Richmond had been mentioned to him
as good men for the place, but the petitioners OBJ
jected to Mr. Mains, and pronounced Mr.. Nelson
Ham as satisfactory to them.
Appointments.
AUGUSTA, Nov. 24.-Hon. Silas G. Hatch of
Bangor, Rufus Prince of Turner, John S. Hodg-
don OF Bangor, Frederick W. Rtchie of Winter
port, and Charles Mccarthy, Jr., Of Portland have
been appointed committee to make the annual
examination of the State Treasurer's accounts.
Gave Her Money to the Church.
BRIDGEPORT, Ct, Nov 24-The will of the
late Maria Brooks. widow of the late John Brooks,
Fen which was filed in tha nrohate nourt todav