Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-05-15
Bail Commissioner Cannot
Help Roderick.
Understood to Be Decision In
Sensational Dover Case.
Probably WITHHOLD Respondent IN.
I'll September .cItlzens> Feeling.

Dover, Me-. May 1i.-(SpeciaD.-The
Charles +. Roderick case which
has created so much stir through
out the State did not have a
new chapter added to its story
this week as was expected A habeus
corpus writ had been issued by the at
torneys for Roderick and 1t was planned
to have Bail Commissioner f. C. Smith
review the case. Tuesday forenoon and
decide as to whether the man should
have bail. 1t seems, however. that the
question OF the right of such a commits
siof1er to act in a judicial capacity is
somewhat in doubt.
1t is understood from reliable sources
that Bail Commissioner Smith was for
hidden by Chief Justice Savage from
proceeding in the matter and whether
this is final decision or not, is not
known; but it is generally believed In le-
gal circles that the judicial decision
from the municipal court will hold the
respondent until September
On the Soth of April Roderick was ar
rested on a warrant the complaint for
which was made by Mrs Nellie McKen-
ney, who charged the man. a fellow a
years of age. with a criminal assault up
on her 15-year-old daughter, Hazel. The
details of the crime as told by the young
girl were appalling, and after fun hear
ing Of the case before Judge Gerrish
Thursday, the man was bound over to
the September term of court, to await
the action OF the grand jury the Judge
decming the offense to be not bailable
tor q
provides that no person before .conyic-
ton, shall be bailabie for any or the
crimes, which now are. or have been de-
nominated capital offenses since the |
adoption of the Constitution, when the |
proof is evident or the presumption |
great. whatever the punishment of the |
crime may be. From 1921 to 1929 the
crime with which Roderiek is charged |
was punishable by DEATH
After Roderick.s capture his counsel. |
Judge {. w. Hayes aud Hon. Willis T.. |
Parsons. both of Foxcroft. began Habeas |
Corpus proceedings. causing the neces-
sary papers to be served to bring the
matter before Bail Commissioner Edgar
c. Smith. Tuesday. May g. County At
torney James II. Hudson did not read
the law Just as did the attorneys for the
fort TO stay proceedings on the ground
that the case was beyond the jurisdie-
ton of bail commissioner The COM
missioner cited the case of Mrs. Ray |
mond in the Matte Hackett case. she /
having been released on bail by FORMER |
Chief Justice Whitehouse; but it mas
been discovered that this was done before |
the hearing and before the case had
Iaxs,t dft,If tf,i
hinge on whether bail commissioner |
has judicial authority and can review a |
case and set, aside in matter of this
kind the findings of a municipal Judge as
u the TACT as to whether the proof IS |
eyident etc Not many attorneys in this |
aectf0n t1ink that the statutes ever in |
tGndedst the duties of bail commissioner |
to extSf6 beyond the point of fixing bail |
in bal3ahIN cases and under certain con-
ditions when In vacation they act with |
the same authority on bailable matters
as a Judge of the Supreme Court.
] The feeling of the best class OF citi- |
zens in this section is that such cases as
Roderick's have frequently been treated
too lightly in recent years and they
think that Judge Gerrish is acting with
the caution which should always be ex-
erctsed in these matters.
Some of the correspondents for the i
papers have represented Roderiek to be |
a well-to-do young man of good stand |
ing in the community with the bulk of
the sympathy In his favor. Roderick has
been regarded as sport and his COM
panions reported the day of his arrest
that he had been arrested for gambling,
which belief may or may not have had
any foundation. He Is not fellow of
means and there has been nothing to
show that he is being maliciously
wronged.