Graham guardian., 1908-02-21
GAVE The WORLD A LAW
Albert Ware Paine Was The Author
Of Law Allowing Criminals 10
Testify in Own Behalf

Iago at the age of 95, was mos
widely known was the authorship
Of the law giving to the accused il
terminal cases the right to testify
n his own behalf This law he
drafted half century ago ant
after many rcbuffs he succeeded il
| having it enacted by the Maine
| Legislature in 1864. 1t was the
First law of the kind anywhere
and soon the whole civilized worlc
followed Names example IN adopt
ling it.
| When Mr.. Paine was boy liv
| ing on farm in the town of Wins
low, Kennebec county, playmate
was convicted on purely circum
stantial evidence of stealing from
La farmer II wallet containing 4
large sum of money, and was sen
fenced to the State Prison for three
years. When the boy came back
from prison he was broken IN
health and spirit.
A few weeks after his return the
wallet, with its contents intact
was accidentally discovered near a
rail fence where some boards. had
concealed it from sight. The farm
er remem bered having climbed
over the fence on the day when the
wallet disappeared, and the boys
name was cleared. But the three
years in prison had been too much
for the lad and within three
months he was dead.
When Mr.. Paine became law
yer the fate of his youthful friend
was fresh in his mind, and twenty
five years later he framed the law
giving the accused in criminal
cases the right to testify in his own
behalf. Several times the bill was
introduced in the Legislature but
was ridiculed out of committee.
James G. Blaine, who was Speak
of the House, could see no justice
in 1t. Others said that of course
the accused would deny his guilt
under any circumstances. Of what
use to let him legally deny?
La 1864, however, when Samuei
Cony was Governor, the bin went
through and Mr.. Paine's long fight
has won.
In 1866 the body Of a man who
had been killed by u stab wound
in the heart was found ON the Cen.
tral street bridge in Bangor. This
police had little to work on until
1T was remembered that the man
frequently had words with a mula;-
to barber who had a shop near tho
point where tue body was discov-.
cred.
A party of officers went immedi-
ately to the barber shop and found
the barber with u bloodstained
knife in his possession and spots Of
blood on his hands. When the
police entered his place he was Sit
ting in an attitude of deep dejec-
tion.
"Do you know who murdered
So and So?" inquired Que Of the
officers, suddenly.
"Is he dead?" asked the barber.
"Yes," replied the policeman.
"Then | suppose killed him."
remarked the nulatto.
The man was, of course, put un-
der arrest and in course Of time
came up for trial. 1t was appar-
emily q clear case of murder with
out provocation. The barber had
a good lawyer, but be was abso-
lutely without evidence 10 his
clients favor, except that 1t could
be shown there was i'll feeling be-
tween the two men and that the
victim often annoyed the mulatto.
When the prosecution had con.
cluded its case, which included the
confession made by the prisoner to
the officers, his attorney announced
that be would only show that bis
client had frequently been annoyed
by the dead man and would then
let the defendant tell his own
story. 1t was the first important
trial IN which the accused had
taken advantage of the new law,
and interest in the matter was in
tense.
The defendant testified that they
met on the bridge and that the
dead man struck at him. The bar
Der had at the time in his hand a
large jackknife, and us be turned
to dodge the blow, involuntarily
throwing up his hand which held
the knife as he did 50, the weapon
struck bis assailant full in the
breast, causing him to fall over
backward. f.. .. ....r
The mulatto did not wait for
further fighting, but went immedi-
ately to his shop. He knew from
the blood on hi, knife and hand
that he had wounded the otner,
but be never imagined that the re
suit was AS serious as it turned out
and he sat in trepldatlon uutiI IN
arrival Of the police.
The jury believed the dv!eudaa
and II verdict Of no. guilty ~.
brought in within five minutes.
AT that time Mr.. Pane was the
Maine correspondent Of a Bos,or