Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-11-30
BY TELEGRAPH.
THE Amy CASE


Bosrox. Nor. She Boston Globe
has The following xsort the Amy case :;
There are not . great many lawyers In
Boston VIC believe teas Murderer Amy
Will escape the gAiloss jakt bsesuse be
was not rressus IL court Zen sentence Wa
pronounced upon hin; bat The fact that be
was not present when this was done has
been . fruitful topic Of DISC ission among
the Ii gal frxtefrIsy. nsyerih<.ess.
II suca thirs ID bsea doue in MASS
achu.tis court, the Astoais 5msns would
have bsel unesusisd. for il appears ihai
thu re 10 M case On record in the Supreme
Judicial Courl IN this state where sentence
of death wzs prgaouncsd ia .he arssnes OF
the prisoner
Many of the legal lGminAries whose
opinions o. the slbjS act were sought by The
Globe yesterday we're xvefse to being inter
viewed. evidsaIIy bang 10th 10 say any :
ting ;hAs might look ike criticism Of the
courts If anssher state.
Attorney General Pillsbury was one of
these. ADD United States District Attorney
Allen was another.
TIE latter, however, consented TO state
tibet it sss he uaiforn practice in The
Federal Courts that defendant mast be
present when ssEt~pce Is pronounced, And
that he did net xnew u any important cases
| wbeie this rishs had been waived
His personal opinion MAS that the fact
that 8 prisoner did 90 waive his presence
would not necessarily be fatal TO ihe vel
dict.
Jadgs Nelson Of the United States Dis
tlics curt sfii,msd Mr.. Aliens statement
- TO the praeace ia ihs federal courts, snd
said that or y in minor cases was the right
ever waived
William B. Gale. who WAS one Of Isss c
B. Ssw,eli's counsel, said that he hao
learned Of Amy having been sentenced
when he was absent from court with con
siderable Advertisements, but he fsls sure thai
such q careful and able justice as Judge
\ Doe, would not tsxe any such step unless
he had good law for the same back Of him
Evidently Mr.. Gale didn't think that this
| was g3iDg to save Aimy' ok.
IA the course of my legal career have
been counsel in 90 dinsreut capital Cases In
this state" be said, ''sn1 never knew Of
one case, if 1t happened to be conviction
where either verdict or sentence Was pro
nouocsd in the absence Of the defendant.
| in fact, up to = very receLt period oui
| judges were 60 strict in regard to this mat
Ter that they would not allow moIon FOL
postponement or adjournment 10 be ma3s
without the defendau, being present.
| al remember one such case as that II
my own experience, whe re q Lowell woman
Was on trial for murder, in hich the judge
before hesiiog any request for brief post
ponemeRt ordered the sheriff to go to ths
jail and brig the prisoner Ia"
| Clerk Noble Of the Supreme Judica
Court also stated that this is The genera
practice in this state, ard ne did not know
of any case wilhia bis own experiences
where there had been any variation from
the rale.
| "Ia trying capital cases the court has ,
specific form, which is unswervingiy 40
hered 10, ard this involves the presence o.
the prisoner in court when the jurors or,
drawn, the verdict rendered and the sen
| tence pronounced,
10 the ftst case part Of the formula is 4
ask the r soner TO look upon the juror Snt
ihs Juror upon the prisoner and when th'
verdict is rendered the prisoner is ssksd Il
look at the foreman and The foreman at TIL
prisoner. Then the prisoner is ssksd b.
the Judge il he haa anything to say oh,
sentence should net be pronounced upoI
| him.
Mr.. Noble recog aized the fact that Their
is some difference between Massachuset;
ard New Hampshire methods. AID the fac
thst Amy was tried without a jury appeared
to HIN to be quite novelty.
Elbridge X, AIdar Of Bartlett & An
derson, was another lawyer VINO said tina
the practice in Massachusetts courts on thi
question was rs above stated.
He knew o: no such precedent here 8
that formed by the Almy case, but could se'
nothing in the fact Of mans waving hi
presence that would invslidste his sentence
The general principle underlying thi
rule is that prisoner, even afser cjnvic
ton, hiss certain rights which the court
are bound to respect, and may, possibly
have gtuwa from the fact that the presenc
Of prisoner before the judge at the tim
sentence is about TO be pronounced ma
have some inf in determining th,
exact e1teat CT his punishment, either in O
against his favor.