Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-04-02
CLOSING ARGUMENTS
Ia this Hsmiiton HssTipg.

CLOSING ARGUMENTS
Ia this Hamilton Hearing
The convention was called to order at
235P. M.
Following is an abstract Of the clasi0g
arguments; Mr.. Heath, counsel for the
defense:
Gentlemen of the Conrention-It Is q
matter Of good deal Of regret to me that
80 great a responsibility should be put upon
me in the trial of this cause, because it TO-
wolves so much for the State and SO much
for the respondent. that IL 1 hal my
choice in the matter | should prefer that
this part of the duty should have fallen
into other hands. Here is young man 81
years of age, stsnding. as / stated. upon
the very threshold Of life, brillisns in intel
let. cultured in mind, well born, well con-
nected, with every prospect for life of
usefulness to himself, to society aud to tbs
State, who f1nds himself confronted with
an issns which, if decided against him,
assuredly blasts all hopes that he and his
family and those about him may have
shining fsom the fact that before these
charges we're made here. at a time
when the sincerity aud honesty of
his motives could not be questioned,
that he had put aside for all time to come
the vios which, il persisted in snd not con-
querea in his early life, would Of itself
have rained him AID made him q useless
and unworthy member Of society, Now,
Mir. President, the respondent is not on
Trial for what he has done. He is not on
trial here to be punished. This IL not an
impeachment trial, but heariI thai ad-
dresses itself to the legislative discretion OF
each Of these b'anchas, and after you have
heard the testimony, after You have dis
solved this convention, and after, in
the executive and secret session OF
your rooms that the constitution cln.
templates, each branch shall then tsks up
whatever address may be submitted to you
and then when the responsibility falls upon
you submit that The one issue to be I'D
dressed to your minds Is not Whist has the
respondent done but what ia the respsn1-
ent today what do we believe that he will
be in the months and years to come. Now,
Mr.. President, il there auytbiDg in these
charges. is there anything in the proof that
compels this Legislature to say that there
IS anything in the respondent today or will
be in his life to come that makes it
q matter Of absolute and stern duty up
on your part to say that you will
meet him at this hour of his life and say to
him that you will not reach out helping
hand to bin, but that you will apply the
doctrine of an eye for an ey e and tooth for
tooth? The learned counsel who formu-
lated toess charges, either from study or
instinctively, has framed them upon thst
line that there are limits to the morsl right
Of this Legislature 10 the application Of
proof TO the charges and in the application
of the charges to the subsequent
address. Grouped, the charges are note
Iious hs bifs of into XII sation, not mere habits
Of intoxicstion, because the counsel said
that mere habits OF intoxication alone
woal1 Lot be sufficient and formulstes HE
charge upon the notorietv Of the habits of
intoxication. and with like reas0piog he
fofmuls'es his third charge not upon habits
of licentiousness and immortality Blu. upon
the notoriety of those habits, because there
could be nothing in tie vice committed 10
secret with which the public or the State
could have augbt to do or anghs 70 COM
plsin Of. The fourth charge comes with
the allegation OF grave and weishty mis-
demesnor in tfiice-that he has sat upon
iuS VI usb Hhh Inv &sEuta WhTfhuley EA*
heard complaints, hae sdjadiea,ed causes
when himself in q ttste Of intoxication.
An e. nse which, II true, would subjsc,
the incumbent of the office to impeachment
snd would weigh heavily upoa your Gun
science az legislators in the MISTER of the
exercise Of that broad legislative discretion
which, after all, must be the rule to govern
this case. And then the consolidated
charges 9Th. III and 7ih. tina. he has Issued
blank warrants and that he had endangered
the personal liberties of the citizens of Bid
defofd and Saco by so doing, and tina, he
had issued blank bills Of costs and blank
misiimuses 70 the officers Of Biddefo,d and
Ssco, thereby sndsngering the liseriie. of
the people Of those two good cities. Thsss
three charges. Of course. il true, are
charges Of misdemeanor and mAlfes.aace In
office / propose to consider Just what to
my mind il the mos. serious ard the most
grave charge in the entire list, sud thst IL
that Judge Hamilton has sat upon the bench
in state Of intoxicstion. I. there mem
Der Of this Legislature who can
honestly believe that the petitioners
have even approached the outer
most limits Of the necessities of
proving that grave and weighty charge?
Aside from the one little instance tesii
fed to by Mr.. Tarbox, thy have selected
but one day and one occasion wherein they
even offered any evidercs tendias to sho.
that he has been guiltgsof such an effsnsa.
and that on the election day Of March 1890.
Mr.. Heath then reviewed u length, the
testimony Of the Witnesses on both sides In
relation to Judge Ham IONS ale 9ed intoxi. |
cation on the March election d.y and upon |
the other occasions during the past two
years - testified to by the Witnesses for
the petitioners. arguing that the testimony |
on the psft Of the defense on these points |
vas far more than negative ard anhih lxss d |
The very possibility Of there harir been in |
the slightest degree, any nosoriefy in the |
city Of Biddeford ~ to this MISTER Of habits |
Ct insoxicstion.
In relation 70 the allegations ~ 10 being
in the company Of women Of bad r,pQta-
lion. Mr.. Heath reviewed the ,es.in ony
and stated that in nearly every iastance
lestded to BY the Witnesses Judge Hamii-
ton was seen in the ccmpsny Of two women
u the same time. and not With one woman,
md argued that this vss indicative OF no I
improper conduct on his part; aid ia the
remaining instances, testified to that The
testimony was Of too indehniie chafs .er
% establiah the identity Of The women a.
othsR than The wife Of Judge HsuiI.on.