The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-08-26
Fair Play for
Those Accused
Special Correspondence.


West Bangor. Me-, Aug. 10. On satur-
day, August lG, the Bangor bar cele-
brated the ninetieth birthday of one OF
it's members Albert W. Paine, who has
been in constant practice here since May,
1885 Your readers will not feel the same
interest In the man that the people OF
Maine do, but they will be Interested TO
learn that he was the father OF the Just
and merciful law that allows accused
criminals to testify In their own behalf.
This law originated in Maine, and in Ban
gor. 1t was also in Bangor that the first
dramatic application was made, and 1t
saved an innocent mans life. In the fif-
ties a man accused of crime In Maine or
anywhere, for that matter, was tried
without q chance to tell his story. That
kind of procedure would now be con-
sdered utterly Illegal If not barbaric.
MIR. Paine saw u man hung for murder in
the early fiftics of whose guilt he had
strong doubts. The man was not allowed
to testify and he went to his doom with
his lips sienced by law. Soon another
case came up which settled in Mr..
Paine's mind the utter injustice of de-
priving the accused of the opportunity to
his side of the story at the trial young
man whom Mr. Paine knew when they
were boys, was accused of stealing
pocketbook containing n large amount of
money. Resides n man and his wife he
was the only one in the house the night
the pocketbook was missed. lie was
brought to trial. Circumstantial evidence
was so strong against him that he was
sentenced to state prison for three years
He served his sentence and returned
home but was never the same man after
that He avoided his former friends and
soon died of broken heart. 1t was only
"a few weeks after the grave had closed
over him that carpenters working about
his fathers house found the missing
pocketbook where it had fallen from the
owners pocket. OF course 1t was then
too late to remedy matters. An inno-
cent boy had been branded as criminal
and had died without having a chance to
legally testify as to his innocence.
This last outrage OH Justice quite de-
cided Mr.. Paine to begin the agitation
In 1868 it came before the Maine legisln-
ture, but did not become a law until 1864
Right in the midst of the war the light
broke through the clouds and the mercl-
full law that now allows an accused crim-
inal to testify in his own behalf in nearly
every civilized country on the globe. was
first placed on the statute book of the
state of Maine. 1t was opposed by a
great many good people as being danger
ously lenient and of doubtful validity.
Not long after the passage of the law
white man by the name of Jim McGovern
was found dying from a knife stab near
the heart, in front of Norumbega Hall.
He died in half an hour. having uttered
not Il word. 1t was known that Nc
Gowan was an enemy of colored bar
ber whose shop was near the scene OF
the crime. The police entered the shop
and found the barber with a bloody jack
knife in his hand They accused him of
the murder whereupon the barber replied:
"Is MCGOWAN dead?" He was told that
MCGOWAN was dead The barber replied:
well, if he is dead / kuled him, l sup
pose" This confession left no doubt as
to who committed the murder and the
trial created the greatest excitement.
But the motive for the killing of Nc
Gowan was still a mystery. In fact. there
appeared to be no motive. This was
puzzler Chief Justice Peters was the
attorney general. The evidence pro-
duced consisted mostly of rumors of bad
blood between MCGOWAN and the prisoner
and the recital of the damaging confess
sion by the accused barber to the police
Immediately after the finding of the in
iured man. Mr.. Paine states: mo one
in the court room, ] among them. be-
lieved. when the state rested its case.
but that the barber would be found
guilty: still had abiding faith in the OPP
portunity given an accused criminal or
testifying in his own defense for the first
time since trials were held. I will never
forgot the scene when he took the stand
and told his story. He had been walking
on Central street the night of July and
was whiting a stick when he met Nc
Gowan. MCGOWAN justled the barber and
persisted in annoying him and in order TO
push him away the barber used his right
arm in a swinging backward manner.
The fatal blow was accidentally given
and there was no one in the court room
but who believed the prisoner innocent
when he finished his story. The jury
was out about one minute, or just long
enough as was afterwards reported. for
the foreman on the jury's retirement to
exclam, Now men, all who believe this
man innocent hold up your hand!' and
every one of the twelve raised his hand
| instantly. The scene on their return was
so dramatic and the wonderful result Of
the first application of this criminal stat
ute in this or any other country so start
ling that it created great interest
throughout New England.
Massachusetts was not long in follow
ing into line. The doctrine spread with
wonderful rapidity and 1t soon revolu-
| tioniZed the criminal law of the United
States 1t Is on the criminal statutes of
| Canada and has now become a part Of
| the criminal law of England and France.
| 1t is not often that it falls TO the for
tune of a man t. live to see the effects of
| his good works go forth from his hand
| and brain to bless the civilized world,
| But here in Bangor we have such a man
and his character is in perfect keeping
with his noble work. He is honored and
| loved throughout New England, and as
| long as justice is an attempt on the part
| of man to give each man his right, the
| name of Albert w. Paine will shine
f, bright among those of the wise and good.