Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-12-25
SUPERIOR COURT.
December Term. 1899. Hon. 0. G. Hall
Presiding.
W. s. CHoATE. Clerk.
G.. w. HEsELToN, County Attorney.
A. l.. MCFADDEN, Sheriff.
+. A. SMALL, Stenographer.

- Augusta, Dec %.
No business was transacted today.
except in the case of State VS.. John \.
Merrill. Merrill was convicted at the
last April term of this court of the
crime of manSlaughter. in causing the
death of Harry Bushby of EassalborO
in December. '9S. Merrill at that time
was running a barber shop in Vassal-
boro. and one evening, in company
with some other young men, got
Bushby intoxicated. and in getting the
man to his home he was injured, prob
ably by being dropped upon the frozen
ground, so that he died within a few
weeks. Exceptions were taken after
the trial and the case went to the law
court, where the decision was against
the defendrnt. Since April he has been
in Newport. where he has built up a
prosperous grocery business, and many
of the citizens of that town and Nassal-
boro united in petitions to the court
for clcmcncy. This morning Merrill
was placed at the bar for sentence and
Judge Hall addressed him as follows:
Merrill: After a fair and impartial
trial. with the assistance of able coun-
sci, you have been found guilty by the
Jury of the crime of manslaughter. In
view of the wide discretion given to
the court by the law as to punishment
for this offence. depending upon the
circumstances of the act. | have given
much consideration to your case. ana
have gone over the evidence to refresh
nv recollection of some of its phases
and incidents. with an earnest desire
to be entirely just to you and as lenlent
in awarding sentence as my sense Oh
duty to the public will permit.
The evidence showed in substance
that you with some other young men
got Bushby intoxicated, 50 mu'h so
that he was helpless; that you and the
others We're also more or less lnloNl-
Gated that while in that condition YOU
and on,. or two others undertook to
carry Bushby home. and that he re-
caivnd injury in some way while in
that condition that caused his death
several DAYS later There was no proof
of Intentional injury to Bushby other
than making him drunk. the offence
consisted in inducing Bushby-Who was
mentally weak-to drink after he had
lost all mower of choice, and Whlle So
intoxicated, causing or permitting MN
through YOUR drunkenness or careless
ness TO suffer injuries from Whlch ne
died.
"This reckless conduct caused fatal
results to your victim calls Tor sun
stantial punishment. The mitigating
circumstances urged in your favor
am inclined TO consider in your Deh'lll
and give them all the weight they are
entitled to- 1t is in your favor tha'
this is the first criminal offence aSalils'
YOU; that you are a young man WIN
wife who stands by you; that you nave
been trying since this affair. with some
success to live a more exemplary ms
and to build up an honorable business
and it is in your favor That the eNl-
dence disclosed no anger. nance Ill
will or other motive for plying -BuShpN
with liquor other than disgrace1ui iuh
induced largely, no doubt. from your
own drinking. Giving these 'clrcuhl-
stances their proper weight l conclude
that Justice requires the punishment
which will now be made known TO you
by the clerk.
The sentence was then read by the
clerk:
1T is directed by the court that you
he imprisoned at hard labor in the
State prison at Thomaston for the
term of one year and six months. or
that YOU nav a fine of 500, this alter
native TO be complied with within I'VE
DAYS from this date, and that you pe
remanded in pursuance of TINS SEN
tence."
Before noon the respondent hau
raised and paid the fine.
Court then took a recess until Iues-
day next.