The Portland daily press., 1891-10-14
A WRECKED LIFE.
CONTINUED FROM FIRST rAGE.l

him to the downward path and closeu
against him forever 1t was as II ~ the
ment. in the twinkling OF an h eye bad taken a
step which could not be retraceu e sIep
which In place of the pure air ana 0pen nelus
of an honest life which he mad Always en-
joyed before. had thrust nun inso re ss
and every step upon the burning mari.
Words can give no hint OF the agony OF re-
greet and remorse that he has endured. He
was a man of sensitive nature, and apart
frsm the apprehension OF criminal penalty, l
believe he has suffered far sharper stings of
conscience than most men would have suf-
fered under the same circumstances, The
bank was his life work. The mans energy
II might almost be said, the boys dream
had gone into 1t. He never meant 1t wrong,
but IN his blindness and darkness, under the
terrific pressure Of the burden which events
thrust upon him, he went wrong. While |
would not obscure the fact of criminality,
find in my heart only
THE PRoFoUNDEsT PITY FOR HIM.
he Is not corrupt, designing man, he is not
reckless man, not man who sought to
trust the funds Of that bank to hazardous
ana distant speculation, but he was man OF
kooo motives, OF good purposes, OF good In
stlncts, who went astray under the induce
ment OF this terrible temptation and went
astray because the temptation so blended IL
self with good as 1t presented itself to his
mind; de believes. as has been said, that
any deficiency in the bank due to misappli-
cation Of funds by him has been largely ov-
erstated, but as the matter Is now presented,
that seems to be of little importance. Of
course there would be accumulation OF In
terest upon any actual deficiency, and then
curing the last few months of his stay at the
bank he was not himself everything was In
confusion. Actual loss undoubtedly resulted
from this fact and advantage was taken OF
1t. as we believe, taken of this confusion to
make false claims upon the bank. 1t Is al
so true that there have been real losses met
with by the bank legitimatelY which have
not been charged off. All property of his
own and of his wife has been given up; ;
have gladly given up all he had to make res
toratlon to the bank. He hoped against hope
tnat II he lived he would yet be able to do
tnat, and there was no sacrifice that he
would not have made at any time to accom-
piish that end. He hoped that If he lived he
might somehow work out salvation for him.
sell and the bank, and he provided against
the contingency Of his death by effectipg
large insurance, about $4,000, upon his
own HE, to carry which was. of course. a
neavy drain upon his resources. The letter,
which has been read, written by him Just be.
fore he sought refuge In voluntary death
from what had become the
TORTURE AND THE HORROR OF HIS LIFE,
seems to me to show that even then he was
thinking more Of others than Of himself, and
especially of the bank. His life has been
exemplary. without affectation or pretence,
OF simple habits, absorbed in his work. His
FAMILY has been inexpensive, without dis
play; all his relations. except for this grave
error, have been true and good.
your Honor has heard from the physi-
clans the account Of his health; for nearly
whisper He is suffering from fatal ILL
ness, and the end is not far off. Long ago
ne was advised by his physicians that his
lie was short. and In the bank, after the
hope OF being able to make restoration aban-
doned him, his one prayer was that death
might overtake him straining at his work !;
and 1t was this feeling that impelled him to
suicide. There has been no time for years
wnen he would not have regarded death as a
welcome visitor; the best friend he could
meet with on the way, do not know that,
as ne stands here today, he entertains one
other single hope, except that he may not
die In the state prison. Under all the cir
cumstances. when 1t Is considered how sub.
tie and fatal. how swift and sudden, was the
that the yielding to that temptation
broke the whole course of his pre-
vious life; when it is considered what he has
suffered, that whatever may be the result of
these proceedings his crime has cost him bis
LIE, dying as he Is In the prime of life from
the oyerwork and over-strain of that terrible
effort to repair his wrong and make restora-
tlon to the bank, when all this is considered,
and at the same time how terrible is the
necessary severity of the statute under
seemed to me that it might be possible under
all these circumstances that the court would
deem it right to delay the imposition of this
sentence; to grant some continuance of the
case so that, ii he Is to die soop, he may die
at his own home and not in prison. 1t is to
the court we appeal; 1t is upon the court
that our only hope and all our hope is based.
We have interposed no formal delay, we
have come directly to your Honor with the
case as it is. That vast deposit of power
which resides and from time immemorIal
has resided In the discretion of the court
may be interposed If the judgment of your
Honor shall 50 incline, to grant him this de-
that If it be possible this may be done. His
father is an honored citizen Of Waterville in
tnls states for many years cashier of the
bank there, with long reputation for honor
ana integrity, an aged man, 76 years of age,
think, OF broken health, trembling and In
firm: and this was his favorite son, on whom
the pride and hope of his old age were
placed. His wife's father is hopelessly in.
sane at Augusta; her mother died of the
shock OF this terrible defalcation within
three weeks from the time when it wa;
made known, and she Is left alone. From
her and his daughter, IA years of age, and
his little girl five years Of age, he has parted
this morning on the way to the bar Of this
court,
ALL THE BURDEN AND BITTERNESS
that it is possible for this life of ours to hold
are In the present moment for him. II the
public could know, If men similarly stu
ated and subject to the same temptation,
could know a thousandth part of what he
has suffered 1t would furnish far stronger
lettering motive TO keep men from follow
Ing In his footsteps than even the severity
OF the penalty Of the law.
"The time OF imposing sentence is always
within the discretion OF the court. Respite
IN point OF time Is among the recognized
powers OF the court and has its place in the
due administration Of law. 1 ask only delay,
that his life, already Pickering. II 1t is to be
extinguished soon, may 90 out of itself. But
IL this cannot be, if In the judgment of the
court the sentence must now be imposed,
then respectfully ask that what have thus
lar urged may be considered by the court, liz
SO far as it bears legitimately upon the CUES
tion OF the length Of the sentence. Impris
onment is far heavier penalty for a man In
mis- state OF health than for man in physi'
cal vigor. When the direct and immediate
effect OF the imposition of the sentence oil
the law Is to shorten life submit that 1t is a
consideration of great weight In determining
what sentence should be imposed, because
with all the severity of this statute, and with
all the public danger which jnstifes aud re-
qulres the severity, aud against which [ do
not sneik, VITA ali this, the law does not in
tend that the imposition of thst sentence
snail result directly and Immediately in the
uedtn Oh the accused.
have said. may it please the court, what
~ can. would that it were in my power
this morning adequately TO perform NY duty
as counsellor OF this court, l wish [ could
portray the facts of this case as they have
Deen given to me and as they have affected
my own mind from careful study of the
case IL seems to me that there Is sometime
strange and peculiar Ia the temptation to
Wnlcn tnis man was exposed that there was
something exceptional and extraordinary In
It and that 1t was sudden wrong doing on
his part with good motive and as fatal as it
was sudden. l wish that 1t were possible
for me to put into language the thoughts
which have flashed across my own mind as |
have been over this case day after day with
this respondent. 1t does seem to me that, il
could put into language the throbbings OF
my own brain and heart for this man, from
the careful study have given the case, I
might be able to appeal with some effect, to
say something that would commend itself to
the judgment of the court. But all effoit of
mine is failure here, cannot do more, and
now inadequate and Door this Is nobody
knows SO well as myself. So, If the court
please, having said this In the respondents
pehalf, It remains only for me to close with
tne most fervent and solemn prayer that it is
~ my power to express for the clemency of
the court, and with this Icommepd nv client
TO your Honor's judgment.
After Judge Symonds concluded. Judge
Al.IN ID. LII.