The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1889-08-17

also says that it is common talk that there is
more drunkenness in the city than ever be-
fore.
Concerning Mrs. Maybrick's Case.
A large number Of the citizens of Port
land have signed petition asking the Hon.
James g. Blaine to take such steps as he
may think proper to aid in the movement to
secure, If possible. a stay of proceedings in
the case of Mrs. Maybrick. AS we under
stand it, there is under the English criminal
practice, nothing which is the exact equiya.
lent Of what is known as 'stay of pro-
ceedings" in this country. There is no ap-
peal from the court that convicted the pris-
oner to a higher court, as there is here. The
fate Of the prisoner after conviction rests
practically with the Home Secretary, who
could have granted full pardon, or commu-
ted the sentence as he has done. He could
also postpone the day of execution,-that is,
grant reprieve. Probably by "stay of pro-
ceedings" in the Portland petition is meant
''reprieve." 1t is very difficult to judge of
the rightfulness or wrongfulness of the YER
dict in Mrs. Maybrick's case, because only
very small part of the evidences has reached
this side of the Atlantic. There appears to
be, however, in England. where the whole
evidence is known, a strong feeling in favor
of the action taken by the Home Sec
rotary. Whether 1t is founded on doubts
as to the sufficency of the evidence. on
which she was convicted, or is the
result of the sympathy which woman.
even though a clearly guilty woman, in such
sore straits, is certain to arouse, it is impos-
sble to say. Probably some of it is due to
one cause and some to the other. There is
something revolving to the ordina-
ry human being in the hanging of woman,
and, though 1t is maxim that justice should
be blind, this is one of the cases where JUS
tice is readily forgiven for opening its eyes.
Had Mrs. Maybri,k's sentence been impris-
Cnment for life, the appeals in her behalf
would. we imagine, have been much less nu-
merous and strenuous. 1t caLnot be denied
that the letter Mrs. Maybrck wrote to her
paramour while her husband lay sick, con-
tanned some very damaging evidence against
her. That she should have written to him
''he meaning her husband) is sick unto
DEATH" when the physicians thought her
husband on the mending hand, is a very sig
Dlfcant fact, and it is very difficult to ex-
plain it, except upon the theory that she
knew much better than the doctors what the
matter was with her husband. There was
evidence enough to create very strong
probability OF her guilt, yet, on the other
hand, there we're some facts, notably May
bricks habit of taking arsenic, that raised
some doubt, and nothing but Q moral certain
~ should suffice to consign a person to the
-.
ciated this as is evident from last nights
cablegram announcing the Communication of
Mrs Maybrick's sentence to penal servitude
for life. The Queen has yet to give her as
sent; but it would be a very great innova-
tion ON the precedents of the English con-
stitution for the Queen to refuse assent to
what her minister has determined on. and
she will probably approve. Penal servitude
for life Is horrible sentence; but if Mrs
Maybrck is guilty she deserves it, and If
she is not guilty there will be plenty of time
for her friends to show the fact and secure
pardon.
In the petition to Mr.. Blaine. Mrs. May
brick is described as an American citizen.
The correctness of that description is ques-
tionable. The weight of authority seems to be
that an American by marriage to foreigner,
becomes subject of the government of which
her husband is subject Possibly widow
hood may restore her original allegiance. II
she is not an American citizen of course she
has no legal claim on this government for
protection and assistance, and the propriety
of an official representation by our govern
ment in her behalf might be questionable
An essential foundation Of such representa-
ton would seem to American citizenship and
Its existence in this case Is, to say the least,
doubtful.
And this raises the question as to just what
our government can do in the case uf an
American citizen arrested and tried for
crime in England. There is an impression
in some quarters that in some way our gov
eminent has the tight to supervise the trial
of an American citizen in England, and that
we must consent to the verdict in order for
1t TO be legal. The fact is, that If an Ameri-
can citizen sees fit to reside in England he
subjects himself, while he resides there, to
the laws of that country. If he is arrested
there for crime, he is amenable to the courts
of that country and to their ordinary meth
DDS of procedure, and because that proceed
ure does not correspond to the procedure of
the courts in his own country constitutes no
legal ground Of complaint, either on his
part or on the part of his government. If
he has had fair trial, according to the laws
Of England, our government has no ground for
Interference. He stands in the English
court on precisely the same footing,
as an Englishman, entitled to all the
rights and privileges which an English
man would have under such an accusation.
and no more. In England criminal is not
allowed to testify in his own behalf. In this
country he is. But this difference would
constitute no ground for complaint on the
part Of our government in the case of an
American convicted in an English court. The
same rule obtains when the case is reversed.
An EDglishman who commits crime in this
country is tried according to our law And
England has no ground for complaint because
our law differs from hers. Some time ago a
man named Maxwell, a citizen Of Great
Britain. was convicted OF murder in Missouri
and sentenced to death. Before the day of
execution arrived the English foreign office
telegraphed the governor Of Missouri, asking
him to postpone the execution until the
the doomed mans father could arrive in this
country. The governor refused, and the
man was hanged at the appointed time. And
the appeal of our government to England a
few years ago in the case Of a convicted
Fanian who was supposed TO be an Ameri-