Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-04-18
SUPERIOR COURT,
Efforts to Release Fred A. Ma
|oney Were Futile.
Three Liquor Cases Against J. Edwin
Jenness Placed on File.
Final Adjournment Of This Term Will
Occur, This Afternoon.

Randolph, was brought in, and Lawyer
q. G. Sheldon moved that the sentence
of five months in the county Jail which
was imposed at the beginning of the
term be RENTED and he asked the
court to accept fine and offering to
give bonds to go out of the liquor bust :
ness.
Counsel Sheldon said that at the
time sentence was imposed by the court
that the respondent made no PROPOSE
ton to go out of the business and that
the court did not have an opportunity
to take this proposition into considera-
ton. He said that he did not ask for
any change in the sentence on the
ground of sentiment but submitted his
proposition to the discretion of the
court.
County Attorney Leigh addressed the
| court as follows:
| May it please the court: Since | have
| been county attorney. your honor has
| sat upon the bench and heard my course
| as prosecuting attorney of this county
| criticised by counsel for respondents in
| liquor cases. / was somewhat pleased
| the other day after Brother Titcomb for
| Il half hour pleaded for mercy for a VIC
| lator of the prohibitory law criticising to
some extent the course | had pursued
| that Your Honor awaited yourself. of the
| opportunity to say that the method had
pursued had met with the approval of
| the court.
] Now | have absolutely wcIl-foundel
| substantial confidence in the honor ami
| integrity of the judge of the superior
court for kennebec county. That the ef-
| forts of the prosecuting officer of this
| county along the line of Il more vigorous
enforcement of the prohibitory law has
| been appreciated by the court. | am fully
aware. The court must of necessity rely
| to a greater or less extent upon the
statements of evidence in the possession
| of the county attorney if prisoner
pleads nolo contendere and the prosecut-
| ing officer moves for sentence.
| Il know. and firmly believe, that your
| honor is aware of the fact that !, in NOV
| ing for sentence against a respondent,
| would make no state mcnt of fact which
| | did not know as absolutely true. 1t is
| also fact, perhaps, that the court does
! not always deal out to Il man convicted
| of crime, the amount of punishment that
| the prosecuting officer thinks the pris
| oner ought to receive because prosecuting
| officers. like attorneys, for respondents,
are biased and prejudiccd but the court is
| here to do full and absolute justice be
| TIVE Ell the state and the prisoner.
Now the first day the criminal docket
was called the Randolph cases were the
| first called upon the docket | stated to
| your honor the evidence that had been
presented before the grand jury against
| Fred A. Malaney. [ stated the evidence
| honestly and fairly and Brother Ciason,
attorney for Malaney, said not word
and your honor imposed as sentence,
five months i'll Jail. Not a fine and in de-
| fault of payment of said fine a Jail sem
| tence but absolutely five months in jail
without any alternative.
| Now, your honor, | believe the mo-
| ton of Brother Sheldon that upon the
| liquor nuisance found against Fred A.
| Malaney at the January term of court,
the respondent should be permitted to
pay a fine Of 500 and costs and give
hfan IN, n 40 hIrSinnSs n
| this county, is absolutely out of order.
| illegal, unprccedt nted and that Your
| Homer cannot entertain it for Il moment.
| The case has gone to Judgment as far DIS
| this court is concerned and the mitimus
| cannot be recalled in my judgment. |
| am sincerely of the opinion that when
| straight Jail sentence was imposed and
the mitmus issued that was the end of
| the whole matter and as a question Of
| law and practice the mitimus cannot be
| recalled and that sentence changed from
| Imprisonment to a fine and costs.
| All over this county has gone the in
. fuenCe of this sentence in this case not
| only a punishment to Malaney but as
| a precedent that like violators of the
prohibitory liquor law shall be severely
punished.
! The county attorney in moving for
| sentence in this case when the criminal
docket was called, has received some I'm
| wholesome. unhappy notoriety for what
he did not say but for what he was said
| to have said.
Now, in this case. above all others, do
not change the sentence. ! do not be-
| lieve it can be properly or legally done.
| DO not let it go broadcast over this
| county that counsel for this respondent,
| Fred a. Malaney, came in this kennebec
| county superior court, and paId q me
! had received q straight Jail sentence OF
five months.
my heart with all the power that words
| can express, under no circumstances,
| change this sentence. | believe ii would
| be Il severe blow to my efforts along the
| line of a more vigorous enforcement of
| our statutes against the sale Of intoxi-
| eating liquor. | have no prejudice against
| this respondent but should feel sad and
weary if this man, under these circum-
| stances. should on the payment of a fine
and costs this liquor nuisance. so
| scot free.
Il have nothing more to say. l leave
| the matter to the candid and fair minded
| consideration of Your Honor"
| Judge Hall refused to change the SEN
| tence and Malaney was remanded to jail.
j. Edwin Jenness of Augusta, against
whom three indictments were re-
turned for liquor nuisance, common
seller and drinking house and tipping
shop and who was not apprehended at
that term voluntarily appeared IN
court, Thursday, and surrendered HIM
self into it's custody. He was ac-
companied by his wife. Lawyer G. c.
Sheldon made plea in Jenness' behalf
and as there were eXtenuating circum-
stances, the cases were placed on file.
The criminal docket was completed,
| Thursday. County Attorney Leigh has
received numerous congratulations on
the efficient manner in which he has
looked after the interests of the people
Court will finally adjourn, Friday
afternoon.