The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-09-08
CRIME IN CUMBERLAND.
Judge Bonney's Charge to the Grand
Jury.

The September Term of the Superior
Court began yesterday. The Grand Jury
was empanneled and Judge Bonney deliv-
cred his charge, in the course of which he
spoke as follows
But as it is the duty of all good citizens to
obey all the laws, so it is the duty of the
executive authority and the courts to admin
lister and interpret all the laws enacted by
the Legislature. He is not a good citizen of
the commonwealth who Obeys such laws as
he considers expedient and violates those
whose wisdom he doubts. He only is
friend Of public order who yields cheerful
obedience TO all the enactmentS made by the
legislative branch OF the government; and
he only is a faithful judge or faithful juror
who administers all the laws in the same
spirit with which they were enacted 1t is
only by the enforcement of each law upon
the statute book that its value or worthless
ness, expediency OF inexpediency can be
ascertained. If its execution proves detri-
mental to the interests of the people, then
the people through the Legislature, upon
which tribunal by the Constitution is con-
ferred the power of making laws, will repeal
the law. If its execution is conducive to
the public good, then the people will demand
its retention.
All laws which have the sanction of legis-
lative authority ought to be executed and
enforced. If any particular law be treated
with disrespect or rendered imperative by
the opinion of some individual, neighbor-
hood or town, the authority of the govern
ment to that extent, is defied. The way is
open for general disrespect and neglect of
all laws. Private will, and not general will,
munity control and defeat the laws of the
State. This is dangerous and tends to the
destruction of all government. However
questionable or unpopular law may be,
while it exists it ought to be constantly
respected, enforced and obeyed; if it be not,
the existence of all laws and all government
becomes weak and precarious. TIE courts
should exercise no discrimination in the adj
ministration of the law. One statute should
be enforced equally with all the others.
/ know such has been the conduct in this
court during the last twenty three criminal
terms at which | have had the honor to pre-
side. During that time two thousand
two hundred and twenty criminal cases
seventeen hundred and ninety three were
for violation of what is known as
the liquor law and four hundred and twenty
seven for violation of all other penal statutes
including drunkenness, open shop on the
the Lords day, &c.
Of the former class mol pros was entered
in three hundred and fifty-nine cases, or
twenty per cent of the whole, a proceeding
as every one knowns who has had anything
to do with the administration of the liquor
law, often rendered necessary by misnomer,
by respondent not being found, by reluctant
or fugitive witnesses as well as by the gen
eral character of those upon whose testimony
the government is obliged to rely. OF the
427 cases for violation of other penal laws a
mol pros was entered in IA cases or II per
cent of the whole, difference of three per
cent which can be readily accounted for by
the greater difficulty to convict as just stated
OF the former los cases were dismissed for
informality, death and pardon and thirty
tive verdicts of not guilty were rendered, so
that 81 per cent. of all the cases were dis
posed of before conviction by a mol pros. dis
missal or verdict Of not guilty. Of the lat
ter 10 cases were dismissed for the causes
above named and IL verdicts of not guilty
were rendered making 90 per cent of all
which were disposed of before conviction. a
difference of only four per cent which can be
easily explained as above and as | will show
hereafter.
OF the former there were 1894 eases re-
qulring action by the presiding judge. In
SOB of these the respondents paid fines ag-
gregating the large.sum of $11S, 1924 which
has been paid into the county treasury. In
345 cases the respondents went to jail show
ing that sentence was imposed by the court
in SO per cent of the cases reaching him,
leaving only II per cent, 146 cases in all,
against SO different persons, II per year, four
per term on the average, whose sentence has
been suspended on promise of good be-
havl0r or dropped on account of death of
which there are several, or flight of which
there are more, after conviction.
Among those who have suffered impriSon-
ment is Charles O'Neil, whose case for an
other crime will come before you. At the
time of my coming to the bench he was in
jail on sentence imposed by my predeces-
sor, Judge Symonds from which he was re-
leased May 10th, 1879, Che then having served
seven months and twelve days, on pardon
granted him by Gov. Garcelon.. At the May
term, 1879, he was sentenced to thirty DAYS
in Jail for violation of the liquor law, prior
to the date of his Imprisonment which he
served. At the September term, 1880, he
was sentenced by me to four months
in jail, which sentence he served.
was imposed upon him in five cases, in two
of which he paid fines, and in the other
three of which he served in jail twelve
months and twelve days, making in all dur
ing the last eight years two years and TWEEN
ty-four days in jail In addition to this, on
fines and costs $771.73, a sum much more
than sufficient to reimburse the county for
the cost of his Imprisonment.
OF the latter, sentence was imposed in only
seyenty-f0ur per cent of the cases in order
for sentence, leaving twenty-six per cent of
the convictions disposed of other than by
sentence, showing that by fifteen per cent
the justice presiding has exercised greater
severity in the imposition of sentences in
liquor cases than in cases for violation of
other criminal laws
In addition to the 2220 cases already acted
upon, at the close of the May term, 1886, $50
cases in various stages of progress were up
ON the current docket, which in due course
of time will all be disposed of. There is no
reason to believe that any different DISPOSE
ton will be made of them than of the 1920
already acted upon.
According to the report of the State prison
and jail inspectors there were 1873 commit
ments to the various jails of the State for
the violation of the liquor law during the
year ending December 81, 1885, of which 70,
or nearly one-half were in Cumberland
county. During the same period there was
paid to the Clerks of Courts of the several
counties, the sum of $685. 12737 on account of
fines and costs in liquor cases, of which $15,-
1896, or nearly one-half was paid to the
Clerk OF this court. But the population of
this county is only one-seventh of the whole
population of the State. These figures there
fore show either that violations Of the law
are less frequent elsewhere than here or that
the law in this county is much better en-
forced
All arguments therefore as to the wisdom
of Legislative enactments should be adj
dressed to the Legislature and should not be
tolerated by either judges, or grand or trav-
erse jurors, whose duty under their oath is to
act upon cases according to the law as it is,
not according to what they think the law
ought to be.
have already stated to you that among
the benefits secured to the individual by the
jury system is his protection against the
malice of private prosecutors. But, gentle
men, while the system lies as dormant
power in the constitution to protect the in
dividual from the unjust prosecution of pri-
vate malice, it should not De forgotten that
the grand jury as well as the traverse jury is
part of criminal procedure and that the OBJ
ject of criminal procedure is not only to pro-
tect the innocent but also to punish the
guilty. SO that while you should not act
hastily and without due consideration upon
an accusation brought against citizen by
his enemy, and while he should not be sub
jected to the disgrace and expense of pub
lie trial merely to crafty the malice of pri-
vate animoSity; still the bare fact that an
accusation against an individual is brought
to your attention by his personal enemy, af-
fOrds no valid excuse for a failure to find an
Indictment provided sufficient evidence is
produced to satisfy you that the law has
been violated and that public trial and in
veStigation of the facts of the case are re-
quired. Whether witnesses who appear be-
fore you are reluctant to give their testimo-
ny or eager to give it, should have no bear
ing upon the matter OF finding an Indictment
exc pit so far as their hesitation or eagernes
may affect the credit to be given to their tes-
tlm0ny.
The sole question for you to determine a
dicted and unexplained, is sufficient to war
rant a conviction by traverse jury. If such
is the fact then you have no discretion in re-
gard to the matter. An indictment must be
found under the oath which you have taken.
While your oath requires that you should
diligently inquire and true presentment
make of all matters given you in charge, it
is not probable that all the violations of the
law will he brought to VOur attention. This