Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-10-27

FORMER convictions that convicted her
here. rather than testimony immedi-
ately connected with the case. l am
also of the belief that this woman, as
she stands here today, bowed down in
sorrow. is innocent of the crime of
which she has been convicted, al
though the jury has found to the con-
trary. No pistol or weapon was found
IN her hand. no one saw her commit
this crime of which she has been found
guilty. Undue weight must have been
given to the record evidence, and it
seems to me that these considerations
should address themselves to your
honor in mitigation of sentence, think
this case which does not merit an
extreme. but a moderate sentence
which we trust your honor will deem
all that is necessary"
Mr.. Heselton replied in these words
I do not propose to go over the testi-
mony presented here, your honor lis
tened to it for five days. I simply say
that YOU cannot eliminate from your
mind what YOU and the counsel and l
all know. that the verdict of this jury
was not as to the question of guilt or
innocence of this woman; it was the
question of degree, and that ten of the
jury believed that the grade was MUIR
der in the second degree instead of
manslaughter.
Now it is a compromise verdict
under the rules of law which your
honor gave to the jury no words will
justify a destruction of human life, as
this was destroyed, and only words
took place in that ROOM The testi-
mony shows this if it shows anything.
Therefore. under that condition of
affairs l say that the penalty imposed
should be the extreme limit of the law
relating to manslaughter
Il have another word to say in re-
gard to the condition and circum-
stances that surround this case. Your
honor must have perceived that the
man who was murdered in this in
stance was. up to the time of his death
an honest. Woodworking young man.
according to the statement she has
herself made upon the stand After he
fell under her fatal influences he be-
came reckless and abandoned. Now
she is not only responsible for the de-
struction of his life but for the ruina-
ton of his character. 1t must have
appeared to your honor that this house
has been a den of iniquity for years
and years: that this woman has been
a woman perverse in nature, wickedly
disposed toward society, a persistent
violator of the law ever since 1885,
The court records show that.
Nov there is not one mitigating cir
cumstance which presents itself which
should appeal for mercy except her
youth and the belief that under differ
ent influences this woman might have
been an ornament to society rather
when you consider these remember
that at the very outset of life, instead
of accepting her parents advice, she
broke away from them and Immediate
ly entered upon this career of crime
which she has continued down to this
time. You must understand that this
woman is by nature criminal and j
menace to human society in this coun-
ty. We feel it. The community feels
it. and We do not want her presence
with us. And I say in justice to the
community, in justice to the UNFOLDING
of the laws which say that these
crimes shall not take place, even if the
man who has been killed is a poor.
unfortunate drunkard, that duty to the
public and to her, under the circum
stances, would call for the infiction Of
the full penalty of the law
The Court: ''It is an unpleasant
uuty lOF JuOSc dL any lIIIle 10 I'LL
pose sentence upon a party where he
has any discretion as to the amount IF
the penalty. and many considerations
will affect his judgment to certain
extent. controlling his action. 1t is his
duty to protect society, at the same
time not to be too severe against the
convicted person. And find it a very
difficult matter in my own mind to
adjust those two considerations upon
basis which is always satisfactory to
myself. l prefer to err, if err at all.
on the side of leniency rather than the
other way Now the verdict of the
jury is guilty of manslaughter.'
must treat her as guilty Of that crime
At the same time, / have heard the
| evidence in the case all through and
there are some peculiarities about it
which affect my mind one way and the
other, and of course, and rightly, take
| into account the effect the testimony
has had upon my mind as regards the
guilt and the degree of guilt. Her
uvropC doipp in other reSpectS do not