The Portland daily press., 1891-10-14
A WRECKED LIFE.
The Tragic Story Told Yesterday
in Court.
Marshall G. PereiVal Sentenced to
Seven Years in Prison.
The Prisoner a Physical Wreck,
Wasted by Disease.
Physicians Testify That His Days
Are Numbered.
Judge SymOnds's Eloquent Story Of a
Great Temptation.

Percival, Of Auburn. was arraigned In the
United States District Court, before Judge
Webb. upon indictments, charging embez-
Element. "misapplcation to his own use" Of
the funds of the Shoe and Leather Bank. of
Auburn, and false entries upon the books Of
that bank.
The ex-cashier came into the court room
attended by his counsel. Hon. Seth M.
Carter, Of Auburn, and DR.. Oaks, Of Auburn,
his family physician. Rev. c. ID. Crane, of
Damariscotta. formerly pastor Of the Con-
gIegational church at Wateryille, OF which
Mr.. Perciv al's family are prominent men,
bers, was also present in the court room
throughout the proceedings.
Percivaps appearance suggested great
physical weakness. being noticeable for
emaciation and paleness. His step was un-
steady as he entered the court room, and as
he took his place In the dock to answer to
the charges of the indictment. his weak
ness was manifest in the conyulslve move
ments OF his arms and nervous workings OF
his tightly gloved hands.
The clerk of the court read the indictments
to the respondent. and he answered with
great effort and in horse whisper, guilty"
Excepting the evidences of weakness and
nervousness already noticed. the respondent
maintained self possession. When the med
ical experts testified later that under the
most favorable circumstances he could hope
for only few months Of life. he by no sign
betrayed any agitation. 1t was only when
Judge Symonds in his plea referred to the
aged father in Waterville, bowed with sor-
row, and the wife and children in Auburn,
that PercIyal showed g,ief. His emotion was
then plainly visible.
District Attorney Dyer moved for sentence
upon the second indictment only. reserving
the third. The first, alleging embezzlement
was mol pressed. In opening Mr.. Dyer re-
ferred to the amount of the defalcation,
$4,000. There was some discussion be-
tween the District Attorney and the Judge
as to the number of indictments upon which
sentence would be asked. the Judge making
1t plain that he should. In his action, confne
himself strictly to the allegations pre-
sented in the Indictment which the Dis
trict Attorney should select. and not permit
himself to be Influenced by any of the allie
cations in the indictment not presented.
the customary question, whether he had
anything to say, in person or by counsel,
why sentence should not be pronounced,
ex-Jadge Joseph w. Symonds and Hon.
Seth. M. Carter appeared as counsel. Their
first move was to introduce testimony tend
ing to show the condition of Percivals ply
sieal health. DIR. Oaks, of Auburn. his
family physician was first called. He had
been Perciyaps family physician for nearly
twenty years. He testified that two years
ago Percival suffer from cough and loss Of
voice. Later at the time the troubles of the
bank because public he attempted suicide.
shooting himself in the left side of the head,
The bullet was still in the head, in the
region OF the eye. In addition Percival was
suffering from consumption. which was
in progressive stage. At Percivaps age
toe duration of life under the ravages Of
such disease was to be reckoned by months
not years. Confinement in prison would un-
doubtedly hasten the end.
DIR. Stephen II. Weeks, was next called.
He examined Percival on the 9TH OF this
month, and made careful examination Of
his condition. He found symptoms corro-
porating the conclusions Of DR.. Oaks. Percl-
val has fallen in weight from 13S to 11S
pounds, his pulse was 100, when it should
have been from 70 to 70. and his temperature
was 99l In the morning, when 9S1 was normal.
Percival had consumption of the larynx and
apex of the left lung. The Inevitable tenden-
cy of this would be from bad to worse, even
under the most favorable circumstances. DR..
Weeks did not believe he would live more
than two years any way, and in prison not
that length of time.
While the physicians were giving this
testimony the prisoner sat near them, hear
ing it all, but apparently entirely unmoved
by 1t. Indeed. no one who saw the pltiable
spectacle will be likely to believe that Perci-
val has any hope whatever that there can be
for him again on earth. anything favorable
or fortunate except death.
Hon. Seth NJ. Carter then began the effJr
OF the counsel to show extenuating clrcum-
stances by reading statement of the career
Of Perclval as cashier OF the Shoe and
Leather Bank. beginning with the time the
latter came to Auburn from Waterville, a
young man of % to assume charge Of the in
stitntton. 1t was tragic story that Mr..
Carter told, a story emphasized continually
in the minds Of the hearers by the pltiable
spectacle of the prisoner himself. In the
course Of the statement Mr.. Carter read the
letter which Perelval wrote while contem-
plating suicide. 1t was as follows
AUBURN, April 12, 1891.
To IRA CushBsdn and all Friends:
am ruined man In body, mind aud estate. l
nave n We sacrificed n health propertg and character
years ago, and to protect what believed to be
the Interest OF the National shoe 4 Leather
Bank, ana OF my friends and family. lt has been
all in vain-the mistake Is irIeparable.
Ihe time has arrived when cannot longer sus.
tam myself and hands and brain and friends Will
soon tall me. My life at best under favorable cir-
cumstances would be brief, but under existing
conditions shall soon become III live) an object
OF charity and reproach.
Under these circumstances, but one thing re-
mains that can do TO repair, so far as am able,
the wrong which have done, and TO best satisfy
the demands OF honor, and save the interests OF
employers, of friends and OF my family.
My death will make available an amount OF lie
insurance, which with the property have about
ness. My business affairs are In a state OF con-
tusion-in my weakness and despair, can never
90 them the justice that others can bring to ,nelT
10 those already made.
For what have done and am about 70 do pray
Tor orf0rgiveness by God and men. There Will De
loss to ALL but trust to none great loss or beyond
repair. cast myself upon the mercy OF Goo, VINO
Knows Knows my heart and VIII Judge me with innnlIe
Justice. For the kindness Of all God bless you.
- ~ M. c. PERclvAL.
The material facts Of the statement pre-
sented by Mr.. Carter were embodied In the
plea by Judge Symonds. who followed. The
story which he unfolded in the course OF his
eloquent plea was, to use his own words.
so terribly sad, SO dreary In the whole and
In all its details. so far beyond words In the
depths Of gloom and grief there are In 1t.
Judge Symond's plea was romance in IT.
self. 1t Is as follows:
AS counsel with Mr.. Carter as the respOn-
dent In these indictments l ask leave to
speak briefly In his behalf upon this motion
tnat the sentence Of the court be now pro-
nounced. am sure, as sure as OF any TACT
tnat ever urged upon the attention OF the
court, tnat there are in this case extenuating
circumstances; extenuating circumstances
oI the greatest weight and moment upon the
nuF hafo -.