Daily Kennebec journal., 1901-09-14
COUNCIL MEETING.
Petitions for Pardon of Dostie
and Judkins Heard.
Hearing on Petition Of Edward A.
Chase for Pardon Appointed.
"es' Nccting Will Be Held al 4 O's,ock.
Friday. Oct. 4.

yesterday afternoon, at which "A t,roo
amount OF business was transacted
lhe time of meeting was 4 O'clock and
Us soon as the body was called tn or
uer the routine work of the session was
taken up and consumed some lit,Ia
time
An order was introduced in favor of
tue american Express Co. The State
taH assessed upon this corporation is
s.eoe. but according to the statutes of
the State. all express companies are
entitled to a rebate from their taxes of
a sum equal to the taxes which are
paid to cities and towns in the State
upon property owned and used by them
III the transaction of their business
The amount paid by this company M
on their property in Augusta, Bangor
ana Portland is s46l.3 The order max
ing this allowance was passed.
The petition of Henry Dostie for a
pardon from the State prison was then
taken up. petition in his behalf was
circulated some time ago in this CITY
Dy KEY. F'r. y. ~. Harlel and received
the signatures of number of promi-
nent people. But when the case was
called for no counsel appeared in his
behilf- There was some little delay on
account of the idea that there might
be little misunderstanding in the
matter. 1t was finally decided that the
oposition might present its side and
that the case should be continued until
Il later date.
county Attorney Thomas Leigh and
Hon. Orville D. Baker representing the
Maine Central Railroad. were counsel
against granting of the petition. But
one witness. Arthur Duhaine. was ex
amined and the arguments were VERY
short.
The crime for which Dostie is ncar-
ccrated is attempting to wreck a train
about mile above this city. There
had been number of attempts to de-
rail trains and the road spent much
time and money in the apprehension of
the guilty party. Dostie was finally
caught in the act of pilinG iron rails
upon the track. He was put on trial.
plead mole contendere and at the Sep
tcmber term of court was sentenced
to 10 years in prison.
When the opposition had presented
its side it was voted to lay the case
upon the table for executive session.
The next matter t. he considered
was the petition for the pardon Of I.o-
zen Judkins. This man was sentenced
in September. 1899. to seven years in
State prison for assault with intent to
murder Zador Tallouse at Waterville.
Nov. 4. 1925 At the time Of the trial
the State claimed that Tallouse and
Judkns met on the Ticonic bridge and
that JUdkins. after making an unsuc-
Cessful attempt to get Tallouse to take
poison. pushed him into the river. The
defence set up an alibi but was unsuc-
ccssful in its attempt 20 prove it and
the prisoner was found guilty.
At the hearing on the petition. last
crening, S. S. Brown of WaterVile.
ana g. c. Sheldon of Augusta APP
prarcd in behalf of the petitioner. The
@ist of the arguments was in regard
to the time of the alleged attempt II
murder and its bearing upon the case.
The counsel for the petitioners claimed
that from the testimony presented at
the time of the trial together with
sworn athdavitS which augmented this
testimony. it was an impOssibility for
Ju1kins to have been there at the time.
The testimony was reviewed at some
length and then the afiidavitS Of Calvin
b. Horn and Benjamin Connor were
read. Horn did not know of the peril
nency of his testimony in the case and
did not appear at the trial. In his afii-
davit he testified to seeing JudkinS at
the corner Of Main and Temple streets
at a time when it would have been i'm
possible for him to have gotten to the
nj of ha a tho time II
alleged to have been committed. This
corroboratcd the testimony and the
affidavit of Benjamin Conner TO the
same effect.
The counsel for the petitioners
claimed that the jury and court were
poisoned by the manner in Whlch the
county attorney at that time proceed
ed. on the other hand it was claimed
that Judge Warren G. Philbrook TOOK
the case when it was too late to thor
oughly prepare himself and the prlS-
oner did not have reasonable defehce.
s. s. Brown said that he had known
JudkinS and considered him to lie
model Young man. He had never been
before tho courts previous to this tilal.
The counsel for the petitioners stated
that the people of Wate vile do not
believe in Tallouse. but there was
general belief in the innocence OF JUG
kins. TO corroborate this the petition
for the pardon of the prisoner was re-
viewed This petition contained ABOUT
1000 names and among them were toi.
l. S Bangs. who headed the ils''
Prof. Nathaniel Butler and Rev. Dr.
George c. r. Pepper. both eN-
presidents of Colby University
and many other prominent men,
1t was claimed that Tailouse was
intoxicated at the time of the aileseu
tragedy and that he was also supJect
to fainting spells and must nave fai'en
into the river of his own accord-ho'
from the bridge but from the bank rs
no man could have swum to the paiih
from where he claimed to nave falieii
in.
County Attorney Thomas Leigh theh
made a brief but impassioned arSu-
ment against the granting OF the par
don. He spurned the idea of his pre-
decessor poisoning" the jury ana
court by his manner of procedure ana
claimed that the man had an excel