The Portland daily press., 1898-12-16
WON'T LET CRELLIN Sign.
Another Legal Quibble In North
Saco Murder Case.
ACCUsED's TESTIMONY AT INQUEST
MUST 60 UNSIGNED.

Judge Burbank Decides That the Con-
trarv wouId Be Unconst itutional--
| verdict Was Delayed on This Ac-
count--Prisoner,s Rights Were Full
1y Protected.
ESPECIAL TO THE PREss.J
Saco. December Is. Another quibble
has arisen in the investigation of the
North Saco murder case.
Having finished the examination of
| witnesses, Coroner +. G. Bradbury and
his jury were to have met tonight to
render their verdict on the death of Ivory
Boothby. All that was necessary was to
obtain the signature of witnesses to the
transcriptions of their testimony. Some
of the witnesses had already signed. The
not been secured was George Il. Crellin,
the alleged murderer, who tesSi fed at
great length at last Saturdays session OF
the inquest. The transcription was all
ready for his signature, but Coroner
Bradbury appeared to have some doubt
about getting 1t, as the prisoners counsel
was opposed to having his client inter-
viewed.
Acting under legal advice the coroner
yesterday handed to Judge a. II. Bur-
hank of the Saco Municipal court, a writ
ten request. that the prisoner be allowed
10 visit the coroner's jury room tonight
for the purpose Of reading to him his
testimony previously given. allowing him
to make any corrections, and obtaining
his signature to the transcription.
Judge Burbank this afternoon sent
written reply to the coroner, declining to
grant the permission asked. Judge Bur
bank s reply shorn of its address and
signature. was as follows:
"Your request of the l4th inst, that
permission he granted for the removal OF
George Fl. Crellin, now in Saco Jail, COM
mitted by virtue of q warrant against
him, and issued from the Municipal court
of the city of Saco, to the aldermen
room in City building, in said Saco, In
attendance upon coroner's jury, to be in
session this evening at seven O'Clock is
received
'tSaid George R. Crellin was arraigned
Decembe IL, upon the charge OF murder.
to which he pleaded mot guilty, and the
case was continued for examination until
December 16
ssThis is an unprecedented request, and
under the Constitution of Maine. cannot
be granted, and is therefore denied. (See
Constitution of Maine, Art. l.. SEQ. .,
page a. In any event the prisoner has
legal right to be heard concerning your
req uest, and before such hearing it would
be unjustitable action on the part OF said
Municipal court to permit him to appear
before any other tribunal.
The article of the Constitution quoted
by Judge Burbank is as follows:
"In all criminal prosecutions, the ac-
cused shall have right to be heard by
himself and his or either, at his election;
| To demand the nature and cause of the
accusation, and have copy thereof;
| To oe confronted by the witnesses
against him;
To have compulsory process for obtain
ing witnesses in his favor;
To have speedy, public, AMI impartial
trial, and, except in trials by martial law
or Impeachment, by a jury of the vicinity
He shall not be compelled to furnish or
give evidence against himself, nor be de-
prived of his life, liberty, property, or
privileges. but by Judgment OF bis peers,
or by the law Of the land. I"
/ Coroner Bradbury, who sought legal
advice before issuing the request to Judge
| Burbank, says his request does not come
within the meaning of the article quoted
as there was no Intention Of examining
the prisoner but his presence at the in
quest was desired simply to obtain his
signature to transcription of testimony
voluntarily given at a previous session OF
| the INQUEST, after he had been duly
cautioned that his testimony would be
used against him.
| This raises a fine legal quibble, which
ia likely to cut quite figure in the case.
| If is said to be the intention OF the
coroner's jury to append to the verdict to
he rendered tomorrow, a statement ex-
plainipg why the transcription OF
| Crellin's testimony is unsigned.
The prisoners hearing will be held in
the Municipal court tomorrow. Many
witnesses have been summoned by County
Attorney Emmons for the state
In substantiation of tn, claim that the
prisoner was duly cautioned before being
questioned at the inquest, the PRESS
correspondent was shown that portion OF
the stenograpic record of the inquest. Ii
read as follows:
"Coroner +. G. Bradbury-Mr Crellin,
you are brought before coroner's inquest
Tor the first time. You have some legal
rights, as well as any other man. AT
torney Bradbury will explain to you your
rights and you can answer accordingly.
Before we swear you he will tell you
what your rights are"
"Attorney j. o. Bradbury-Mr. Crellin,
as witness you are called before this in