Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-12-07
Recorder Whitehouse
Binds Over Prisoner
Who Tried TO Escape From
Kennebec Jail, Oct. Il.
IA Novel Case Which Has Attracted
Much Attention.

| The hearing on the case Of oicorgxl
Sullivan, in Jail charged with 2ttcmpt-
ed larceny at the Watcrvillc fair last
summer. under $500 bends and later
charged with attempt At breaking Jail
and placed under $1,000 bonds on this
charge. was heard Friday morning be
fore Recorder F.. w. Whiteiluuse in
the Jail Office. The hearing was On the
latter charge.
John E. Nelson. ESD. of WItervillc,
who appeared before Judge Shaw in
the Waterville municipal court at the
time Of the hearing on the first charge,
appeared for Sullivan with Benedict r.
Maher. ESQ, of this city. lii opening
the case Mr.. Maher made a motion 10
have the warrant qrashej for trclni-
cal reasons, but this motion was over
ruled by Recorder WhitehouSC.
Turnkey Orrin l.. Choate Wa thrl.
examined regarding the attempt made
by sullivan t. break Jail He told, in
substance. the story that has already
been recited in these columns OF the
iattempt To sever Il bar in the window If
the poor debtors cell. oct. II. with 9;
roughly constructed saw. made from Il
pi,ye Of hoard with Il blade set therein.
!
the articles. including u saw and 4:
bottle Of oil. concealed. When the saw
was found sullivan remarked that
somebody had blown on him. Turn
key Chcatc then described in detail the
manner in which th" bar was cut. tell
ing the court that it was severed with
in a half inch Of through. 4 portion
OF the saw that had been broken OFF
/ -, 1 1 L.,
the bricllwork, but dilligcnt search had
failed to reveal the missing piece and
it was supposed that it must have
dropped down in a crevicc.
Examined by Mr.. Maher, Mr.. Choatc
testified that Sullivan mad been kept :
on bread and water in solitary c"uflnc-
ment for Il period Of As hours litter tie
discovery Of the attempted break II
WAS also developed at this junrtlrc in
the proc edings that Sullivan was ad-
dicted to the use of morphine and thar
the Jail Office furnished him with FIVE
grains each day. How much NOR" IL
used Mr.. Choatc could not say.
Tho defence took the position, in Or
cning its ease, that sullivan waS Il
bound over prisoner and not convicted
Of any crime, that Ii" did not c>Cap"
and that there is no case on record, so
fas as the defence can determine, that
is exactly parallel. Mr.. Mancr then
mad" citations from various legal! au-
thoritie5 to SuhStnn1iatc his contention
and concluded an argument. taking
over thrce-quarterS of AN hour in its
utterancc. by urging that the rriSon":'
had been punished sufficiently for an
infrtctIOn Of prison rules by the soil
taiy confinement ana the bread ard
water dot. Hr thought. therefore, that
the prisoner should he discharged on
this offenSc.
IN opening for the Stat. County At
torncy Became said that the offrn$r
charged was Il serious ono and thht if
the sheriff ana other county officers
were to 10 protected in the discharge
Of their official duties Suitabl" notice
should be taken of it. lie further said
that an attempt of this kind. even if
unsuccessful. was a high crime dcScrv-
ing suitable punishment. There could
be no construction Of the law. common
or otherwise. ne thought to protect u
man attempting to break Jail and such
attempt at Jail breaking should be dealt
with according to the merits of the case
Recorder Whitrnousc took the matter
under consideration saying that 1T 4
o clock ne would report his decision. At
| that hour he reported that under the
Main" law he could not hold Sullivan
Oh the charge preferred, but under the
common law it became his duty to do
so. Therefor" he imposed bail in Che
SUN OF 500 for his appearance at the
JANUARY term of the superior court Of
! thi.; cuurty.
There is no record in the annals at
Maine jurisprudence Of d similar case.
and consequently the matter has at
tra"ted much attention among .he legal
/ fraternity of this city.