Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-12-28

DessnAtr Issn-Asssrssss oaive s. -
ersstlsas.

- 2 NAa1-s o4rrElSxlS pEtf.
WEpsEsnAr, Dec. -.
ks,rnoaa "a L9s. This csss ras eer
eAassed AZ Il - Nth vpraaet for tie psA;r
NJ for sI5.ss.
Benjamin wsaoa ADD Bsni.p,ia n
Weston ~ MelyIl Iasnson. wkssshse.
ast Fisher for Fsaiassss. r. p sssssar
tor Defendant. Tais {. an aston Of a.
sumpsEt On aceesat aansxes; 70 wrig 10 r.
eeise she sam Of ss4 10 fer l4ao, De,
formed and certain a-tieie. used Ia lumber
ing sosd and delivered. The psaiaiIas ar
father All sen, iiviag 1t the nnss of ths Al
lessd contracting Of tbe Dill, ia M4c~ahs,eI
plsnsstion- A.oostso& COUNTY. the ,isfeas
sfft being ia trade tt-re and tire plaintiff
en- zsgea m a iuaab@rfsg eperarloa- Tn
pissfssl1s elasm snat tney we're eooa-snsr
IN 'asir dealings ~isa the defendant. Tn,
junior member OF the ai,egass eopartner.ai
aee resides IN this cry. The pisiatifs h.
rot ceneiassed tsesr fssumany xhen eea-
adjourned At night
Wharf Ssssi Of China pleaded nol9 COO
tsndre to an icdiezmsBt for the larceny o
iaalbs and WAS sen sneea to 80 days Il
jail. TIE government entered Il mol pro
~ 70 the charge Of breaking and entering
barn 10 Cnlaa agsinst the ssme party, an,
be then pteased aolo eontenare 20 tn
charge OF the larceny Of beans from tti
barn. he vas t5iersRpoB sentenced to 81
days in jail for this offence.
fhoma. j. Clark, convicted 81 An A.
sault and battery upon one Hop Luag a
THIS term Of eourt, vas brought in an,
placed AZ be bar for sentence.
A. NJ Goddard, couasel for the respon
dent, addressed the court in mitigation o
sentence. He said the prisoner had bee,
convicted of simple assault and battery. no
what would be termed 10 Law an aggravate,
assault. Ii was such an offence as a tris
Justice would be justified in taking jarisdic
ton OF and imposing light sentence. TIL
assault was not premeditated, was not IN
cted with weapon, aud no bodily injarl
vas done the complainant Ii Was more o
an iasalt than anything else He subm,
ted that the court woult not, in lmposin,
sentence, take into consideration any ru
mors OF newspaper talk. because bpoi
these he himself had based an aItogethe
erroneous idea, antavorable to the prisoner
before be had been called into the case.
A great deal af mlsinfoFnatiGn in regsr,
to the hole matter existed in the eommnn
ity. Clark was unable to pay a large fine
and it seemed to HE counsel that moderai,
jail sentence was all that the case required
He was a youDg man and this would De i
wholesoms lesson to him. In fact. he hi
already made solemn resolve TO confugs
himself IN the future in ali exemplary nan
ner- He hoped the court would take lot,
eonsi ierati6n Clark's youth, and that b.
was An industrious man to work when abb.
10 obtain employ meni. He unds rstood tina
the boys mother intended to 90 away frou
the c,ty in tie spring, and her son would 2
With her If short term of Imprisonment
eere imposed. He urged that an extrem,
pen ,ity does not have tendency TO TT form
He would not ask less than justicf require
under the circumstances, and on the Oihe
hand he asked that the sentenced might b,
so tempered as TO encourage the prisoue
To lead proper life hereafter and leave n,
stigma upon him TO live down.
County Attorney Carleton remarked tina
the court WAS familiar with all the fact
disclosed 10 the trial, and if counsel ha'
not seen tit 10 make certain statements h
would have hat no word to inter upon tht
occasion. But he di-sented from the view
that this was SIMPLE Assault and not ~
aggravated one. True, The jury hal s,i'
he did not rob the Chlnaman, ant he eoul
be sentenced for the assault an batter,
oniy but he felt that the pri.oner ought q
1 a
This was m aggravated assault. not in III
sense Of a severe beating, bus in this Her
wa. a peacesble citizen walking the street
of the capital city and the shire town OF th
couaty, going quietly along about his url
business, and he is svt upon by u drlnke
bully and subjected to H4iguity, thro -
down upon toe sidewalk. a. the pri,cne
says. for (lIe sport of himself and gonzales
fne pArtv thus assaulted was trghtrne
ami raa ike hunted deer, ia fear sn
tr. N ling for his life. 1t there was such
Ihlrx "a an aggravated assault this wa
sar |, Ua@.
Counsel On the other side did not urge i
nnigatian of sentence the mans forma
good charactpr. but only his youth.
,hers ever was case of assault and batter
His record was known ii this -lfy aud thrr
vas no one to come forWsFt ami say a wor
OF good of him lie did not think it 600
public policy to eonyi such criminals an
send them cut with little or no punishment
IL might be that the experience of a trlS
and the risk ran of conviction of the Who'll
charge, as had been suggested by be eour
sci on the other side. would be all the nece;
sary discipline needed but h. thought not
something mere than chance TO loaf ava
a few months 10 ni was repaired to pro
dues q sslu'ary effect upon man of th
character OF this ore.
Judge Hal! rem " katl that the court coul
hardly be governed by what magisirat
might haze done under certain eircumstat
ces. It mast be governed by the facts a
disclosed BY the trial here. There was n
au stion that the ease called for quite s.
we're pcnslJy. A man walking the street
at Midnight. on bis way home from his bu
iness, is assaulted by man who come
from the opposite side of the street fo
that pui pose. = He ia thrown fortibiy dow
on thr s,i,.r Xix, aud as he attempts to ris
he j. az in thtpxn dohn, or partially sc
lie is evidently put in great fear. ga
streets Hust ne safe for people to wall
up,n when about their business, esps
ci,llv ut night. and the only va
TO MAKE chem so is to punish those VINO NJ
derlas. ~ assault such people IL MAKE
ma difference thst the assaulted party was
Chin an,an. His rights are AS sacred =
thos.. of any o'her person In the oplnio
or the court tue young man should
placed whcle he could have employment.
was tue hat the respondent did no. sppe'
t., be armed with any weapon. or that the'
vas anv great bodily harm done to the con
nlsinsnt. or tended, as far as the methc
! af The assault vas concerned, and wheth'
or not Clark actually got the money wi
hsriiy mater the court could take In
! consideration.
The ilry h ID founl him guilty OF assau
! sai bakery. simple, AMI It vas ~ tue nls
( time and under circumstances OF c.'hslae
abb. Azgraystiau. Ths court was, lo*sve
I iarIinlf 20 take into consideration tue IN
I that this was the young mans first sentenc
In mitigate what it hal before iatended
This extent Iii would ssnts nee him TO hal
lah,r in tie ISL at Auburn for the tenn
noe var. ur,visied he could b. feceiv'
,hsr,. otbp4i.e the same sentence in Z
St.'e pri-oi
sTuc prisoner during sisse p'ocee'ila
AT Il We'd over with his fare 10 has maud
s,bsiag IN seemed to r'siIzs BIS to'ti
keeui,. The clerk being ah'ent Tor
for, noon. sentence will not be formally Ii
posed until tomorrow.
Thi., Thursday, afternoon the Govern
f,a,r.il will naeet At the State H0u
aud pr,h ,t,lv hoIt two days session.
| Marrleo.
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