Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-10-19
PARDON GRANTED,
Hearing Given the James M.
Lowell Case, Wednesday.
Councillors Vote to Grant Pardon
Case Gees 10 Governor.
Meeting OF Military Board Of Examination
Other Capitol News.

l-oNell OF Lewiston, serving lie
sentence for murder at Thomaston
was the engrossing part of the bust
ness transacted by the Governor and
Council at their meeting. "Wednesday
afternoon. and after a long hearing re-
suited in the granting of pardon.
The Council met ut o'clock,
land all were present with the
exception of Councillor Cook of Port
land. After the confirmation of the
| nominations made by The Governor.
and The acceptance of the reports of the
| committees advising warrants to be
drawn for the bills accrued by the
| State, the pardon hearing was taken
up.
| Mcssrs. NcGillcuddy & Morey of
| Lewiston. appeared for the petitioner
backed by the names of 1890 of the vot-
ers of Androscoggin county, third
| of the Guhernatorial vote of the county
| The petition was opposed by County
| Attorney Mccain.
| Mr.. NOrey opened the case by giving
| z brief resume as he understood it.
James Lowell was convicted % years
ago. Of the crime Of numbering his
| wife and was sentenced t. be hanged
| but Executive clemency was obtained
which commuted the sentence to that of
| life imprisonment in the States
| prison. The circumstances were
peculiar. and Mr.. Morey suggest
ed there has ever been doubt
as to the right of the verdict Of muir
der. though it is believed that man
| slaughter might have been justified by
| the jury. The county attorney at the
! time, now Judge Wing of Auburn, and
Judge Walton. both said to the jury
that if certain circumstances existed it
might be manslaughter.
! Lowell was born in Rangelcy and
| soon afterward he went to Lewiston to
live. where he was an ordinary sort Of
| Il fellow. though some of the after tes-
| timony said he was loose in his morals
In 1862, he enlisted and served l.
months in the war. receiving Il wound
for which he even now receives Il pen
sion. He married a woman whom he
supposed was Of good character but it
developed that she had Il husband liV-
ing, and was Of Il loose moral char
actcr. The two lived in different parts
uf the city as she worked for a family.
They We're on good terms, though it
was known that she did not conduct
herself any better than lie. a circus
came to the city in 1870. and she disap-
peared at the time it left. AS it was
known she was intimate with one of
tn, circus men. nothing was thought
of the case until her remains were
found. four years later, outside the
city.
The testimony after Lowell was ar
rested developed that thu two had been
riding that day after the circus, as
usual. and that She did not return with
him.
In the trial in which Lowell was
ably defended, though there was no
direct evidence. it all pointed against
him, ana he was convicted of the
crime. Lowell. at the time, lied about
the matter. but since he has given
what is said to be a confession Of the
crime. He admitted that the two were
on riding and that they puarrclcd.
He struck her and at the same time
The horse jumped. This threw her
from the wagon, breaking her neck.
He at first decided to take her to Sc
battus and tell the truth. but his
courage failed and ne placed her out
side the road where she laid for Il
long time until found. He made no
attrmpt 10 cover the body. ON this
ground Mir Morcy said the people Re
'iovcd the punishment had been
enough. They had previously tried for
a pardon which was refused.
MIR Mercy read q letter from Hon.
John Cotton Of Washington, to Govern
or Powers. saying he knew of the case
at the time and believed had the case
been conducted by having Lowell tell
the truth the verdict could have been
nothing but manslaughtcr. Senator
Frye. in q letter. said he had never be
lirycd ii murder with malice aforc-
thought.
Judge Wing. the prosecuting attor-
ncy. also wrote that he believed the man
might have been free now had the
truth been told at the trial. There
was never any evidence Of foul play,
but it all went to conform with the
coufc ssi0n that Lowell has since made.
No blood stains were found on the
clothing. and though the head could
not lac found when the body was
found. surgeons testified that it had
not been removed by instruments. but
had been carried away, having fallen
off
Mr.. Morcy said the sentiment in the
county of his home is in favor and a
petition of nearly 400 names from
Lewiston and Auburn Of the very best
citizens was the proof of it. He said
no good citizen will sign a petition to
have Il man released when he believes
the man was guilty Of premeditatcd
crime.
Judge Knowlton, who was the judge
Of the municipal court of Lewiston at
the time of the crime. said he had been
in doubt as to whether the crime was
prumcditated. He had thought the cyl
dcncr was sufficient to hold for the
higher court. He always thought man
slaughter was the proper verdict for
the case. He said the sentiment is for
the pardon.
County Attorney Mccain elected
from the judge the fact that the opin-
ION always held was along the line of
The confession made by Lowell
Ericadicr General +. l.. Hoyt of the
Governors staff, said he had favored
the pardon and he had never heard