Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-02-03
NOT GUILTY,
Thayer and Dunbar Rc-
Quilted Of Mans|aughteT.
JUDGE SteafBs Pleads Eloquent
" For The Respondents.
Congratulations From All Sides
When Verdict Is Announced.

81 &c Saturday, there were cohSFat-
,.,at;on; galore from counsel, court Of
1c,als air, others. for the verdict
seemed to meet tho popular approval.
After the able and eloquent charge
ly Jrdg. Hail the jury retired TO their
on at ..n5 +. NJ, and in hour and
:. InlLut,.; returned the verdict as
above.
...ter th- formal opening Of court
Saturday morning only one witness
vas called 10 the stand Assistant
SUPERINTENDENT Priest Of Waterville,
no Was c;tilco by the State to make
q corrtt t:uu in :; .tatt nrnt that he
l.l.tt,-. fri,iay relative I" the duties OF
the dispatcher. Porter.
Following the testimony of Priest
came liz, plea for the defence by Judge
I.uJis &. Sts ,tIIJs of Bangor, ON" "a the
most ti'uuent ana convincing pleas
l.ear,, in many a day within the walls
u! kenl,4b. c's court room.
Judge StearEs opened by drawing
u touching siInilee to the falling snow
outside, which he likened to great
tears falling from Heaven in sympa-
thy with the cause of the respondents.
May we share natures tears Of
pity for the unfortunateS within the
bar, accused of grievous crime.
During the many, many years that are
behind it has been my lot to plead for
many .nen accused of crime and in do
ing so I have great feeling of re-
sponsibility. At this time II weighs
heavily on me. This is the supreme
moment CT your lives and in this su-
preme moment 1 ask you to bear with
lie while I present the cause of these
men in the poor terms that l may use.
1--WE read in Holy Writ that our
Heavenly Father suffers not 4 SIN
gle sparrow to fall to the ground UNI
noticed. How much more, you. as
children of God, should care for these
men at the bar. They should not have
their lives blasted unless stern duty
compels it. and carefully should you
weigh the evidence in the case.
They are charged with henious
crime, one of the most awful known.
In the lurid and awful language of the
they Frank Belenger did
kill and STAY Ever since the first days
these words have followed us with
continued loathing and horror. The
brand of Cain will never be forgot
ten and will live as 4 memory to the
end of time.
"But it will be urged upon you that
it is involuntary manslaughter in this
case and that it is crime based on
negligence Of duty and that verdict
on this charge may pot involve grave
issues to these men. They do not
need punishment for they have been
punished enough already. Since the
day of the accident they have suffered
from grief and anxiety until their
hours might seem to crackle like
twigs. tender twigs, in the flames. A
verdict against them would not mean
punishment but shame and shame to
the eId of their lives would follow the
word. guilty
What Is the charge? Not the in
dictinent necessarily, but what is the
charge that is made against these re-
spondents? 1t is that they have
caused the death of a fellow being.
Outside of the indictment there is no
that they did SO with an
unlawful or malicious intent. 1t has
been called involuntary manslaugh-
ter II means criminal negligence.
What constitutes criminal negligence
is a question for you. gentlemen OF the
jury, and for you alone.
"Ipvoluntary manslaughter is not
known to the common law of England
and we find no traces Of it mentioned
in the early law of this country. but
in the last century arose the doctrine
that man had put to use dangerous
elements and the courts found it ne
to inaugurate system Of ju-
that makes it culpable
or criminal matter, subject to Sc
we're penalty, where negligence is
found.
''ln this case the evidence must
have Impressed you as being entirely
novel in your experience as jurors. The
rules of the NJ. c. r. +. have been
read and explained to you. But these
rifles of the Maine Central Railroad
do rot hava the binding force of law.
Thest, men must be convicted by the
laws of the land. The rules of the
Maine Central Railroad do not give
us law. You have heard good deal
Of discussion about these rules anG
you will note that there are 1863 rules
in force. They are supposed. gentle
men. to be binding at all times and
yet how we'll we know that they would
not answer every circumstances that
would arise at all times. Can any man
who is not gifted beyond our fellows.
read all the rules. clauses and excep-
tons to these rules and remember
them"
Judge Stearns then referred to the
testimony of a witness, who stated
that work trains and freight trains
were not supposed to run more than
20 miles an hour when as at matter
OF testimony they frequently made n
speed of Is or 81 miles an hour.
What would happen," said Judge
Stearns. 'if an engineer disregarding
this rule, had an accident? I imagine.
gentlemen, that he would be discharg-
ed. But suppose that he regarded the
rule and by so doing spoiled a con-
ncction or combination? BY the same
token I should say that they would
also discharge him.
Here, on 4 single track Of railroad,
IA miles to Benton Junction, over
which passes IS trains a day. daily go
the products Of farm. factory and for
est through the heart of Maine Trains
were running in fractions of hours.