The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1885-09-30
COURT RECORD.
WALKER SENTENCED |
HE GETS FIVE YEARS IN
STATES PRISON.

| 4i'ii Ill tobiH dlppcuitu loi plhlHllH, anu
Stewart for defendant, occupied ten days
before the jury, one whole day being de-
voted to arguments. The case was given
to the jury Monday noon. The amount
for which the pin sued, was about 1920
The jury after being out G hours, returned
a verdict of 800 for plaintiff
a hearing before the court was next.
had on petition OF the inhabitants Of
the town of bingham, petitioning for an
order OF court to compel the children Of
Luther Cooley to provide for his support
and relieve said town. Upon hearing the
evidence the court decided that said Cool
ey was not pauper, within the meaning
of the statute and dismissed the petition.
Buswell for plh. Walton for diff
Tuesday Scpt. 20.
Upon the coming In OF the Court, at
noon, Attorney General Bsker, moved for
the arrangement of }. Frank Walker
The indictment was read to the respond
ent and he pleaded guilty Of manslaughter
whcreupon Mr.. Baker in behalf of the
State, addressed the Court as follows ::
May 1t please your Honor, the prison.
er ut the bar has now changed his plea
from his original plea OF not guilty, to
that of guilty Of manslaughter. 1t is not
unknown to your Honor that the prisoner
was arrangned and tried at IL former term
OF this court resulting in n disagreement
of the jury. 1t is also not unknown to
your Honor that subsequent thereto at an
other term a second trial was had, and n
verdict of guilty OF murder in the second
degree found by the jury. am bound to
say that so far as my individual belief
goes, and believe | am expressing that
of all the officers of the government in
GLIDING my learned friend the County At
torney-that verdict was in conformity
with our own convictions. as to the de
gree of guilt involved. Since that trial,
however, the whole matter has been be-
fore the full law court of the State of
Maine and has been carefully considered
by that court, which is the supreme tribu-
nal of the law, and in addition to what
understand to be All unofficial desire and
belief, reached by the learned members OF
that Cuort, after conference one with an
other, after the respondent had been in
prison the length of time he has already
served, that plea OF guilty of manslaugh-
ter should now be accepted.
The officers Of the government do not
feel at liberty to disregard the express
wishes of the learned court and whatever
might be their own view, they gladly de-
fer to the better informed judgment of
the members of that court and therefore,
after consultation with your Honor, and
conference with our brethren on the 9th
q. -. my learned friend the County At
torney and myself have decided that it is
not the duty of the government to longer
contend for Il greater degree Of the crime.
but instead, to accept the plea of man
slaughter and to enter Il nolle prosequ as
to the avernent of malice contained in
the indictment.
That leaves, may it please the Court,
the matter of sentence absolutely in the
hands of the Court.
Your Honor heard the trial of this case
and is familiar with all its facts, and it is
not proposed to weary your Honor with
any suggestions Us to what sentence it
would be proper to impose under the
penalty of the law, for the reason that
your Honor is better acquainted with that
than any of us. We only leave the whole
matter in your llonor's hands, to see that
no injustice is done either the State or
prisoner
The court thcrcupon ordered the Clerk
nolle prossequi aS to the charge of NAL
ice aforethought in the indictment rcduc
ing ii to a charge of manSlaughter, and
entry was made accordingly.
In behalf of the prisoner, Mr.. Walker,
counsel for the Respondent then addressed
the court SAYING:
"If your Honor please AT this time
would gladly not say one word for fear
should not say the word that is proper to
be said under the circumstances and after
the plea that has been entered. But if
the Court please feel it my duty to make
one or two suggestions. Your Honor
held the court here one year ago. At that
time j. Frank Walker was put upon trial
for the crime of murder. We had long
and tedious trial. We had nothing to
complain of at that trial. 1t is understood
and | believed it to be fact, that the
Jury which disagreed stood II for man
slaughter and one for murder in the sec
ond degree. Your Honor perhaps knows
something of the circumstances under
which we entered upon that trial and of
the strong public feeling against the re-
spondcnt,
! That trial resulting in disagreement of
the jury the respondent was again tried at
| the December term OF this court. The
latter occupying, | think, Il week and as
the Attorney General says the respondent
was convicted at that time of murder III
the second degree, which verdict as your
Honor well knows has been set aside.
At the beginning of this term the ques-
ton arose as to what should be done with
the indictment. whether, under the cir
cumstanccS il was necessary or right to
have another trial, Your Honor remem-
bers that some suggestions were made n
to, and 1t was partially conceded at the
first part OF the term, that perhaps a plea
of manslaughtcr might be entered in TINS
case. Knowing that such suggestions
were made we, as attorneys for the re-
spondent, considered that we were under
some obligation for these suggestions
and thereafter | regretted at times to q
great extent that any such suggestions
have been made, for believed, and be-
licve now, that so far as the testimony is
concerned, it falls short of showing be
yond reasonable doubt that the respond
cnt committed the crime of nanslaughtcr.
The Evidence was such that knowing that
your Honor had heard the case once, i'm
partially to the prisoner as well AS the
State, fairly and honorably considering
all of these circumstances, and being ac-
uuainted with all of the evidence i'll the
case, with the prisoner, his age and the
circumstances surrounding the whole
matter and undertaking this terrible
event and it was II terrible event, nc
matter how it happened. We now con
clude to commit the fate of this young
man to your Honors hands, believing that
YOU will deal fairly and dispose of him a'
will be for the best interests of the com
munity and the individual"
The court then addressing the prisoner
said
The ofiense with which you are chargel
i'm this Indictment and to which you have
pleaded guilty is of the gravest known to
the law. You have had two trials at the
bar of this court, the first resulting in
disagreement of the jury and the secono
in conviction of murder in the seconC
| Ja,,roo In each of these two trials vol