Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-25

court What are they there for II not to
! decide these questions. the questions
which affect a mans life and liberty?
| They can pass on a S. civil case but they
cannot pass on the evidence which con-
vcts man of crime Is it fair? I'm
der the proposed law he is allowed to file
a motion and have the evidence reviewed.
The gentleman from Lisbon says if he is
| unjustly convicted he has his appeal to
the Governor. 1t costs money to hire an
attorney and make an appeal to the Gov
ernor and Council With reference to the
matter of imposing sentence, that is an
other matter which appeals TO the sense
| of justice which ia in every man. No
sentence shall be imposed until final judg-
ment." Is it right that a sentence of i'm
prisonment should be recorded against a
man until final judgment? Is it right that
| such sentence should be upon the rec
ords of the court when the supreme court
has said that the evidence is not sufficient
to warrant conviction? 1 have every
| reason to believe that every member of
the supreme court as now constituted, or
| as it may be hereafter constituted will!
take the pains to make himself sufficient
|
can make the punishment fit the crime
wien the matter finally comes before him.
The purport of this bill is in the right di-
rec ton of fair play toward the respon-
dent. respondent in criminal cause
| is presumed to be innocent until he has
| beer found guilty by court of compe-
tent and final jurisdiction. What is our
| court of final jurisdiction here in this
| State? 1t is our supreme court sitting
in hanc. Now why should a person not
have the right. when his liberty is at
| stake, to go before the supreme court
the same as when his pocketbook is in
danger? For these reasons I would on
pose the motion to substitute the minor
| ity for the majority report
Mr.. MARSHALL of Portland: Mr..
| Speaker, in regard to the second para
| graph of the proposed bill it reads: mo
sentence shall be imposed until final iudg-
ment.' That is if man is found guilty
! he then may enter an appeal and that
stays sentence until his appeal has been
| determined by the law court That means
in many eases that man who has been
| found guilty would not come back for
final sentence for perhaps a year or more
|
man and heard the testimony, who can
| best Judge rs to his guilt in respect to
| the amount of sentence which should be
| imposed. may have gone off the bench or
be in some other part of the State. The
| county attorney who prosecuted him.
who knows better than any other person
perhaps how much punishment should be
| inflicted. may have gone out of office A
new Judge and 4 new county attorney
may be in office when the man comes
back for sentence. his appeal having been
| dismissed. 1t seems to me that this is
not good legislation. 1t seems to me that
| the Judge who, saw the man and who
| heard him testify should impose sentence.
that the county attorney who prosecuted
| him should have hand in the matter
| Let him take his sentence and then let
| him take his appeal in the regular course
He has been denied no material right
| tEen If his appeal is sustained he gets
a new trial; if his appeal is denied then
| he receives his sentence which the court
! has imposed Tt seems to me that is just
and fair to the government in conso-
| narce with the present administration of
| justice and I do not believe in over
| turning that method. For these reasons
1 hope the minority report will prevail T
understand that at the last session of the
| Legislature a similar bill was before this
| House: think it was before the judiciary
| committee and that they reported Ought
not TO pass
Mr.. PATTANGALL of Watervilie:
| Mr.. Speaker: l suppose there may be
| members of this House who are not
| of In fca
| tenn of jurisprudence, while a civil case
may go to the law court on motion a
| case involving 90 years Imprisonment
| is decided finally. SO far as the facts
are concerned by a jury. Now, it may
| be true that very often the jury get
those cases wrong. but we have To
| legislate for the hundredth case |
rather agree with the gentleman from
Portland (Mr MarshalD on the latter
part of the bill relating to the time
of sentence being pronounced. that it
would be better if il were left with the
| Judge who heard the original case and
sentenced the prisoner. From what
| little experience l have had I don't
| think an appeal to the Governor and
Council FOR a pardon is quite adequate
| in Il case where a man defends one
| charged WIN crime where the Weight
of evidence is such that the law court
might grant n new trial. Under our
present law We 90 to Il single judge
on motion for a new trial. The judge
who heard the case sometimes gets a
| little prcjudccd in the case; and I sin
| ccrcly hope that the ma jority report
| of the committee will be accepted, and
| then if necessary the amendment sug
srStrd by the gentleman from Port
| land tMr. MarShalD could also he ac-
| cepted so that the bill would be simply
one that allowed a right for the de
| fence To go To the law court on motion
on Il charge involving a matter OF
| 4 felony.
The question being on the motion Of
Mr.. Coolidge of Lisbon To substi-
| tute the report of the minority for
| that of the majority.
The motion was lost.
on motion of Mr.. Smith of berwick
| the report of the majority was accept
| ed in concurrence.