Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-04-06
SENATE.

| journal of previous session read anC
approved.
On motion by Mr. Leach of Han
| cock, il was
| Ordered, That the Senate retire to
| the Hall of the House of Represen-
| tatiVes for the purpose of forming a
| joint convention.
| Thereupon the Senate retired to the
/ hall of the House of Representatives.
| The Senate was called to order by
| the President, at 1915 O'Clock A. NJ.
Upon motion, therefor the Senate
| tl.en voted to go into executive ses-
| sion for the purpose of considering
the charges brought against Charles
| o. Emery, sheriff of York county.
In Executive Session.
| The PRESIDENTS: Is ii the pleas
| ure of tie Senate that they now pro-
coed to consider the charges against
| Charles Q. Emery, sheriff of York
county. each count separately?
There was no objection and it was
| so ordered.
The first count was then read:
First. Because the said Charles O.
Emery did ON the 18th of February
last, promise one Asa a Richardson.
who was then holding the office of
state attorney for the county of York,
To pay him certain sum of money, to
wit, the sum of so per week, in con-
sideration whereof the said Richard
son was to refrain from prosecuting
certain violatOrs of law
on motion by Mr. Donigan of SOM
erset, the Senate voted that the vote
on the different counts be Guilty
or Not guilty"
Mr.. SMITH of York: Mr.. President
| move that the vote be taken by the
yeas and nays.
The motion was adopted.
Mr.. STAPLES of Knox: Mr. Presi-
dent: / suppose that the same rule
of law would apply in the determine
ton of these two counts as would APP
ply to any other criminal case. That
is my view of it, that like a case of
murder. or any other criminal case,
that this body is to determine il. the
guilt or the innocence, according to
the evidence. or according to wheth-
er they are satisfied beyond reason
able doubt. that the defendant is
guilty. And that same rule of law
that applies to that other proposition
would be this: That if myself or any
other member of this body, have a.
doubt, well-founded doubt, as TO the
sutficiency of the evidence to convince
beyond reasonable doubt, then the
respondent should have the benefit OF
that doubt. That, / presume, no one
viii dispute is the true governing law
in such cases.
The PRESIDENT: Those senator's
who believe that the evidence adduced
at the trial proves that Charles O.
Emery is guilty as stated in the first
count. when their names are called
will respond Guilty" Those who
believe the charges have not been sus-
tanned will respond Not guilty"
The roll was caiied by the secretary
and those voting Guilty" were:
Messrs. Blanchard. Boynton, Clark.
Donigan, Irving. Kellogg, Leach.
Mayo. Miliken, Osborn, Sanborn.
Smith, Stearns. Theriault-14. Those
voting Mot guilty We're: Messrs. AL
len, Clifford Dodge, Harrington,
Fulton. Hanson, Hill, Mullen, Noyes.
Reynolds Staples. Winslow-12
So the first count was sustained.
TIE Senate proceeded to consider the
second count:
Because the said Charles O. EN-
cry did on the Sth day of March last
in pursuance of the corrupt agree
ment entered into on said 2Sth day of
February between said Emery and
Richardson, pay to the said Richard
son the sum of one hundred dollars, all
of which constituted violation of the
laws of the State and especially of the
provisions Of Section of Chapter 123
of the Revised Statutes"
The roll was called by the secretary.
Those voting Guilty" were: Messrs.
Blanchard Boynton, Clark. Donigan,
Irving Leach, Mayo, Miliken, Os-
born, Sanbern, Smith. stearns, The
diauit-13. Those voting mot guilty"
were: Messrs. Allen Clifford. Dodge
harrington, Fulton, Hanson Hill Kel-
logg. Mullen, Moves Reynolds Staples,
WinsloW-13.
SO the second count was not sustain
ed.
The resolve as a whole was then
read.
The PRESIDENTS: Is il the pleas
ure of the Senate that the address be
presented to the Governor covering the
count known as the first count in this
resolve? Those in favor of presenting
the address to the Governor when their
names are called will respond YES.
And those opposed will respond, No.
Mr.. BLANCHARD of Franklin: Mr..
President, do not fully understand
that, and | think others may not.
The PRESIDENT: The Senate had
found Mr.. Charles O. Emery guilty on
the first count. The resolve asks for an
address to the Governor, and | will
ask the Senate if they desire to vote
to have the address presented to the
Governor. Those in favor of having
the address presented which address
will include the charges in the first
count, will answer when their names
are called. Yes
Mr.. MULLEN of Penobscot: Mr..
President. | do not know but l am a
| little bit at sea on this. | don't wish
| tn get the Senate into an inconsistent
position. If it is in order l move that
| that matter lie on the table. at the
present time.
! The PRESIDENT: The Chair will
| rule that the Senate has found Mr..
/ Emery guilty under a certain count.
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