Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-02-12
ASKED MERCY.
Davenport Of Soldiers Home
Sentenced at Portland.
Given $500 Fine and Five Years in
State Prison.
Fatally Stabbed VIM. Allen at the
Home in Toguc.

L
in the United States district court
Judge Aldrich was on the bench in
place of Judge Webb, who is confined
at his home by illness. The petit jury
came in but there We're no cases for
trial and the jury was excused.
William Davenport was then ar
raigned for manslaughter on account
of the killing of William Allen at the
National Soldiers Home at Togus.
Davenport. a man well advanced in
years. wearing a full beard almost
white, sat in the dock and when the in
dictment was read to him pleaded nolo
contendere. Then came the question
Of sentence and on this point Carroll
w. Morrill, desired to be heard as coun-
Sci for the prisoner, having offered his
Sci vices without pay to speak in behalf
OF Davenport.
Mir. Morrill, said that Davenport was
born in the southern part of Virginia
and was one of four brothers. His aged
father was loyal to the Union and when
the war broke out piloted his four sons
a distance of 200 miles across the bor-
der and offered them to the Union
army. This son fought in the Union
amy four years and took part in II
battles. among them Antietam and
Lockout Mountain.
After being discharged from the
al my Davenport taught school in Vir-
giEia for u years and after that was
engaged in farming and other pursuits
He had one failing, a habit of over
Indulgence in strong drink. This finally
broke up his home ties and his health
failing, he sought refuge in a Soldiers
Home. He could not enter the Home
at Washington, because no one but
members of the regular army are taken
there. He then decided to come to
Maine, having heard that it was a pro-
Ihibition> State and thinking it would be
a good place for him to overcome his
desire for drink.
The man Allen. who was killed. was
given to argument and he and Daven-
port often had heated discussions. one
of them being over the meaning of the
word supernatural, from which a feel
| ing of GOODNESS rose between them. The
trouble which resulted fatally rose
from a matter of 80 cents due Allen.
ally, but gave the money to Capt.
Smith. Allen presented a bill for the
amount to Davenport, upon which Da-
NEWPORT made an offensive remark. Then
Allen struck Davenport and the two
men clinched. Davenport can remem-
Der nothing which then occurred, but it
seems that he drew a knife from his
pocket and cut Allen so that he died
five days later.
DR.. Morrill, asked clemency for his
client on account of these circumstances
and said his client desired to speak for
himself. The judge said he would listen
to anything the prisoner had to say.
Davenport Nthen spoke in a calm and
serious manner, going over the circun,-
stances of the assault very fully, not
differently from what his counsel had
stated. He said that he had not commit
ted an offence before, except one with
which he was charged at the Home. that
of being born south of Mason and Dixons
line. He said that his Southern birth had
often been the cause of trouble for him,
as he was charged with it by Allen and
others.
The prisoner said that he did not in
tend to hurt Allen. but that the struggle
was an entire blank to him.
District Attorney Dyer spoke last. He
Sa1O tnaI the 1aclS naQ not Decn stated
right by the prisoner. 1t could be shown
by evidence that Davenport was evily
disposed towards Allen and that after
the struggle between the two, and Allen
had risen to go to his bed, having re-
ceived a mortal wound in the side, Dav-
export rushed after him and again
stabbed him in the arm and back. in
fiicting what would have been a danger
Gus wound without the other
Judge Aldrich said he thought the case
called for some consideration on account
of the habits of strife to which the two
men had been long accustomed What
weighed most in his mind in favor of the
prisoner was the fact that the first blow
had been struck by Allen. Still there
could be no excuse for the use of the |
knife and he must in justice impose some
penaltyfor the crime. He then sentenced
Davenport to fine of $500 and imprison-
ment at Thomaston for the term of five
years.
Several other cases were disposed of as
follows:
William Campbell, Littleton, SNUG
Cling, fined $50 and sentenced to 80 days
in Jail
Freedman Nadeau. Mt. Chase, selling
liquor without payment of the special
tax. 800 fine and 80 days in Jail.
Alexandra ST. Armand, Hamlin Planta-
ton SIS fine and Is days in Jail.