The Portland daily press., 1896-01-25
THE. MERROW CASE.
Morrow Found Guilty ON Six Counts
by the Jury.

Judge Bonney's Charge-Motion Filed in
Arrest of Judgment-Other Business in
the Superior Court Yesterday.
In the Morrow case yesterday morning,
Judge Bonney charged the jury at the
opening of court.
The judge said that under the first
count Morrow was charged with being
an accessory before the fact to the break
ing and entering of Skillin & HAWKES.
store and the larceny of tobacco and
defined an accessory before the fact, to
be one who inoites. encourages or aids
another to commit felony, he being
too far away at the time to actively
participate in it's commission; that if
Morrow melted and encouraged Webster
to get the key and to commit the felony
he would he guilty under the first count.
Five counts charge him with larceny
of goods from JAyce Brothers and. five
other counts with receiving the same
goods knowing them to have been stolen.
both sets of counts. II he was convicted
of the larceny he should be acquitted on
the set charging him with receiving and
vice versa.
The judge defined tho distinction be-
tween larceny and the offense of reoeiv-
ing stolen goods. Larceny ~ the felonous
taking and carrying away of the person.
al property of another with intent to de-
prive MIN of the property; That of Mer-
row went into Joyce Brothers Ntore anI
took the goods himself, being in collu-
sion with the clerk, and carried them
away in the manner stated by Webster,
he would be guilty of larceny. But If
the goods were brought to Morrow and
he received them knowing them to have
been stolen, then he should be scq uitted
on the counts charging him with receiy-
ing goods knowing them to have been
stolen.
The jury was out four hours and a
quarter and returned verdict of guilty
under the first count charging him with
being an accessory to the breaking and
entering Skillin & Hawkes. store; not
guilty on the five counts charging lar
ce1iy of goods CT Joyce Brothers, but
guilty on the five counts charging him
with receiving the goods stolen from
Joyce Brothers, knowing them to have
been stolen.
Toe counsel for Morrow Immediately
filed motion in arrest of Judgment,
which the court overruleu and they filed
exceptions Morrow cannot De sentenced
until these exceptions are disposed of by
the law court which sits here next July.
In the meantime he will probably re-
main in jail without any attempt to pro-
cure bail.
The statutes of the state provide that
an accessory before the fact, shall be
punished in the manner prescribed or
the punishment of the principal felon
In this case Webster is the principal, and
the punishment for breaking and enter
ing a store or warehouse is not more
than five years. imprisonment or fine not
exceeding $500 dollars. Upon each count
for receiving stolen goods Morrow may
be sentenced to five years. Imprisonment.
There is a provision in the statute that
if respondent is convicted of three
distinct offences at the same term Of
court he shall not he sentenced for less
than one nor more than ten years i'm
prisonment.
The next case is'against Hamlin for
receiving stolen goods, and as Hon.
Frank L. Noble defends HIM and is en-
gagged in the Express libel suit, the
case cannot be taken up until that ono;
is concluded, SO court adjourned until
Monday morning.
While the jury was out in the Morrow
case the other jury heard the case of State
vs. Fred Smith, German, charged with
stealing the horse and buggy belonging
to Deputy Sheriff j. ". Doughty /.
Windham last July. The government.
had here Mr.. Streeter Of Lancaster, N. |
H., with whom Smith snapped the
horse of Doughty's and Streeter identi-
fled him. Smith s defense was that as he |
was travelling on foot he was picked !
up by two fellows riding in Doughty's
team and that they hired him to dispose
of the team while they kept out Of sight.
The jury took no stock in his story and
returned q verdict of guilty 10 a5n III
10 minutes.
9. A. True appeared for the state and
A. Q. Dresser for the defense.