Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-02-26

ue in the States preparation of the
case mad been secured from certain
near ncighbors of the Coopers. Just
what this information was, or from
whence it came the journal man could
not ascertain, but it is believed that it
has bearing upon the visit of young
NOrthy to the Cooper home on the day
that he came to his untimely death.
County Attorney Leigh will pass a
greater part of this week in further
preparation of the case. The March
term of the supreme judicial court, the
tribunal before which Mrs. Cooper the
accused, will be tried. will convene be-
fore Justice Peabody on Tuesday of
next week. The first day will be devot-
ed to the assignment of civil cases for
the term. On "Wednesday the case of
State VS.. Mrs. Alice F. Cooper. charged
with the wilful murder of Charles ID.
Northy. Jr.. at South Windsor on the
afternoon of Tuesday, Oct. 10. 1905.
Mrs. Cooper was arrested at her home
late in the afternoon of Oct. IS, and
subsequently given hearing before
Judge A. G.. Andrews of the Augusta
municipal court She secured the
services of Hon. Herbert NJ. Heath
Of this city and he represented her at
the hearing.
The hearing, which was held in the
county court house. occupied about two
days. Probable cause was found and
Mrs. Cooper was held for the supreme
judicial court and bail was accepted
in the sum of $4,000. Suretics in this
sum were furnished by Edwin ]. Coop
.lN.,,, ,r 10. II
Heath and others. County Attorney
Leigh contested the admission Of the
woman to bail and also to her being
bound over to the supreme court, he
cont ending that she should be held to
await the action of the grand jury. MI.
Heath offered, i'll his application for
bail to tho March term of the higher
tribunal Section > of Chapter 49, of the
Revised Statutes. which reads as fol-
lows:
"Whcncvcr all indictment for muir
der is found by the grand jury in the
superior court for the county Of Ken
rcbcc, the clerk Of said court shall Ger
tify and transmit the indictment To the
supreme ju'iiciai court for said county
at the next term thereof, when and
where it snail be entered; ana said su-
p, eIGe judicial court shall have cog
niZancc and jurisdiction thereof. and
proceedings shall DC had thereon in the
same mlnner as if the indictment had
been found in that court"
Whether or not Mrs. Cooper will be
permitted to remain at liberty during
hcr trial, while the jurors who will
consider the evidence i'll the case shall
remain virtual prisoners, under GUS
tody Of deputy sheriffs at all times, is
a problem that cannot be solved until
the opening of the case before Judge
Peabody. 1t is understood that the
counsel for the defence will oppose any
action that might provide for the con-
fInemcnt of the accused in Jail during
the trial on the grounds that the court
is without jurisdiction. Section u of
Chapter ia of the Revised Statutes
provides apparently for such an eX-
iSency as follows:
''All bail shall be responsible for the
appearance of their principal at all
times during the term of court at
which they agree to have him. until
verdict or certifcation of the case to
the LAW court On demurrer or eXcep-
tons. unless said bail shall have SOON
or surrendered him into the custody of
the sheriff or iailer of the county in
WhiCh the case is pending"
The quotation Of this section of the
statutes would appear to settle definite
Is and finally. according to the views
entertained by the counsel for the de-
fence. the question of whether or not
Mrs. Cooper will be permitted to 90 and
come as she will. or whether she shall
be confined in the county Jail.
While County Attorney Leigh has
been very active in the collection of
evidence with the assistance of Sher-
inf Ham and in the preparation of the
States case. the prosecution will be
conducted by Attorney General Hanni-
bal F.. Hamlin of Ellsworth. with the
aid of the county attorney. The case
will, in all probability. consume from
10 DAYS to two weeks in trying. The
first Jay will be consumed in the exam
nation of talesmen for the jury and it
is probable that the prosecution will
bagin its opening on Thursday morn
ing.
Interest in the trial of Mrs. Cooper
promises TO be very great for the trial
will not Only he one Of the most SEN
i, ;t1i