Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-10-11
SUPERIOR COURT.
September Term, Hon. Oliver @. Hall
Presiding.


Presiding.
w. 8. CHoArE, Clerk.
A. L. MCFADDEN, Sheriff.
GEO. w. HEsELroN. County Attorney.
F. A. SMALL, Stenographer.
Saturday, Oct. 9.
The criminal docket was taken up,
this morning.
John H. Hersom of Augusta, was
placed at the bar for sentence. having
been convicted Of an assault upon
Frank Bowman by the throwing Of I
rock with intent to kill Marshal
Morse, called upon by the county at
torney, stated that several complaints
had been made to him of Hersom since
his conviction; that he had been in
toXicated two or three times and had
used improper language on the street.
But he had heard nothing of his being
in any quarrelS, though when he was
intoxicated he was inclined to be
quarrelsome. He was peaceable when
sober.
Mr.. Burleigh, of counsel for respon-
dent, briefly addressed the court in
mitigation of sentence and presented G.
petition signed by a large number of
the leading citizens expressing an ear
nest wish that the sentence in this case
should be as light as the law will al
nit.
Mr.. Heselton did not ask for sever
sentence. but thought it should be in
harmony with those meted out to other
criminals at this term.
Mr. S. S. Brown of counsel for the
defendant also addressed the court in
favor of Jail instead of State prison
sentence.
The court: OF course citizens have
an unquestioned right to express their
ideas as to what punishment should be
melted out to prisoner. But 1t must be
remembered that after trial in court
and verdict by the jury the court
should be supposed to know the merits
of the case rather better than outsiders
who haven't heard the trial. The eX-
preston of public sentiment with re-
gard to the disposition and character
of the man is all proper and right.
It is true there was a conviction here
of assault with intent to kill; but I
thought at the time of the trial, and
think now, that the intent to kill de-
pended more upon the expression that
the man afterward or about the time
used, in his drunken rawlings and
mouthings than any deliberate inten-
ton or, in fact, any real intention to
kill the man at the time. 1t was the
throwing of stone under circum-
stances that possibly might have re-
suited in death if it had hit the man in
the head, instigated, l have no doubt,
by his drunken frenzy.
| The statute allows pretty broad lati
| tude in case of assault with intent 10
kill. This is the first offense by this
man which has been shown / am Of
| the opinion that under all the circum
stances sentence in Jail will answer the
| ends of justice.
Sentence was then read by the clerk
Is months at hard labor in the Jail It
| Auburn. 80 50
Charles Lessor of 6vaterville. con-
| victed of selling diseased meat, was
sentenced to pay fine OF $3.50.
In case of State V. Chas. Lessor and
Paul Clair convicted of robbery, from
| the person of one Heber at Waterville,
a motion to set aside the verdict and
grant a new tTldl WAS oVeIIuleC. nc
court then imposed sentence of a year
and half at hard labor in the State
prison., 9
| John F. Clapp was brought from the
insane asylum and placed at the bar
and arraigned upon an indictment for
an assault upon his wife at Benton,June
| 6, 1897, with intent to kill and murder,
| to which he pleaded not guilty.
| S. s. Brown appeared as counsel for
| the defendant, and on his suggestion
of insanity and motion the prisoner
was returned to the asylum for further
| observation.