Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-06-28
STATE HOUSE,
Monthly Meeting Of Governor
and Council, Yesterday.
One Pardon Case Heard but Decision
Was Withheld.
Report of Commission on Sanity or
Prison Convicts.

y
considerable amount of routine bust
ness was transacted.
The most important matter to come
up for consideration was the petition
for the pardon of James Newcomb Of
Carmel, now serving a life sentence in
the State prison for the crime of arson.
Hon. Louis G. Stearns Of Bangor, was
counsel for the petitioner, ana never
did counsel plead more eIOquently for
the liberty Of his client than did Judge
Stearns for the pardon of NeWcOmb.
Judge Stearns began by relating the
story Of the crime for the commission
of which James Newcomb has already
served IL years in prison. In the night
time of April 6, 1884. the barn Of John
w. Daniels of Carmel, was found to DC
on fire. The flames communicated to
the dwelling house and all the build
ings were burned. James Newcomb
was a neighbor ana he was arrested
as the incendiary who caused the fire.
He was tried the following August at
Bangor. Nothing but circumstantial
evidence was adduced against him.
Footprints in the soft snow and slush
We're claimed to have been made by
his feet. He was well defended, but he
was convicted. The case was appealed
ana it went to the law court In the
following year he was sentenced to i'm
prisOnment for life.
For II years" said Judge Stearns,
"he has been an inmate Of the state
prison at Thomaeton and he comes
here now, through me. to say that he
believes his punishment was excessive,
n1t /
ing statutes, which compelled the pre-
siding justice to impose such sentence
upon him. No judge Of the supreme
court Of Maine. I apprehend. would
have sentenced him to life if the law
had not made it Imperative. Justice
Danforth was the justice presiding at
the time. and, in prOnounCing sentence.
expressed his regret that he was obliged
by law to give him a life sentence;
otherwise he would be inclined to BE-
lenient with him.
For Il times 800 nights has james
Ncwcomb heard the click Of the bolt IN
his cell door as it closed upon him. hid
ing him from the world with its bright
sunshine and pleasure; for l. times 3GI
mornings he has risen from his c"uch
only to gaze through prison bars at the
world outside the stone walls that sur
round him: for II times y sundays has
that man sat in silence ana solitude and
suffered the pangs Of hell itself.
Only one other crime known to the
law is now absolutely punished ny Lift"
Imprisonment, and that is the Grim" IF
murder. burglary, robbery ana rl1e
once were punishable for life in prison:
but these excessive penalties have been
repealed. This man. even if guilty Of
the crime for which he is now una ~
going sentence, did not seek The life oI
4 human being. No one was in DANCE
Of INJURY III that fire.
And 50 my client comes to You ana
saws he deserves Il pardon: he asks
that YOU, Mr.. Councillors, advise the
Governor to grant him pardon. Ile III
G. years of age and is old and broken
in health. His confinement has torn
upon him. He was once citizen 81
property ana reputation. For three
years in the field he fought for th"
maintenance Of the country He was
in the three great battles Of the civil
war-Fredericksbur%. Chancellorsyillc
ana Gettysburg He feels that E'
should be allowed to return to his VII
ana his family once more.
1T is an anomaly that the crime Of
. arson where no life was rndangor"
should be punished by lif" imprisou-
ment when rape Of the most outrageous
character is punished Inv much lighter
sentence This is case appealing I"
ones sense of Justice ana equity. Many
petitioners have asked for James New
combs pardon. hut we 90 not a-i1 il
tgt 81.
cause We believe it rightfully belongs
to him.
There is no privilege 50 precious, M"
prerogative so noble as that NJ mercy,
said JudAc Stearns, as he puth"ticaily
closed his plea.
Judge Steans spoke fcriingly and
cloquently ana was warmly conSratu-
lated for his able effort.
In executive session the matter was
laid upon the table for 4 month.
Councillor WeigeWood presented the
report Of the commission appointed hy
the Governor to examine into the san
ity Of seven convicts in the state pIIs-
on. Five of these prisoners are de-
clarcd to be insane but Frederick smith
and Maxwell are found not to be IN
sane The report is as follows:
To His Excelcncy. the Governor. m,
the Executive Council OF the S'''e Z"
Maine.
Your Commission appointed 70 exam
inc into the condition of seven conNlc'
az the state Prison At Thomlstnn. nav
ing this day attended to that duty. Wpui.
respectfullv submit the following rcpo'i
The requirements Of the Cummissl"i
were to examine Louis BouSh5N. Bri
ford T. KNIGHT Elmer Maxwell. Clar Il
e. Morris John Smith. Frederick Smlt
Colias George Sevmorc, alias Alfred Dun,
and George White.
LEWIS Observation-Disclosures to n
Prison February =. 1892. for life. NatV
ity. Canada. Crime. murder in the frs
degree Age. Twenty-Five years ~ sen
tence Weight. one hundred ana nifty
three pounds. Physical condition, YER
anaemic. suffers frCm insomnia. take
but little nourshment pulse regular an
normal but weak. Mental condition, eX
ceedinCly confused IN mind. talks much 1
himself during the night in very con
fused ana incohercnt manner, VIC four
him sun, ring from insanity chaJac erie
by acute dementia.
BRADFORD L. Embellishments
to the Prison November 9, 1871. fer III
Nativity. Maine. Crime murder IN hrs
degree. Age forty-sCven years ut sc.
tence. Weight one hundred and forty
four pounds. Physical condition. ina
Gates much departure from normal sta;
dard. pulse weak. tongue coated. thin
Ill aA