Daily Kennebec journal., 1913-09-13
Charles StuTgis Clears the
Slate for Even $500.
George Lashus, for Larceny,
Gets Imprisonment, Thomasi0n.
Joseph Begin, for Breaking, Enter.
Ing and Larceny, SixMonths In jail

With the exception of hearing di.
yolce cases, Saturday and Monday, the
September term Of the superior court
came to a close, Friday. no cases FOL
tri1l coming up. In the case of State
vs.. Joseph j. Begin. which occupied
the entire day, Thursday. the jury was
charged, Friday morning. by Judge
Boane, after which they went to theii
rom. After deliberating for four hours
and n half, they reported that They
could not agree. When Foreman Max
i'm WAS asked by Clerk Of Courts
Charles w Jones If he had reached
a verdict. his reply WAS that he had
not. Thereupon Judge Beane sent the
jury to their rooms Ia deliberate upon
the case until Il verdict could be
reached.
After the jury had been sent out the
case took sudden turn. The respond
ent, through his attorney, Benedict F.
Maher. withdrew his plea Of not guilty,
and entered a plea of nolo. AS the re-
spondent had already served over four
months in Jail. awaiting his trial, he
was given a light sentence. In SEN
fencing the respondent. as it was his
first offence. Judge Beane ordered him
committed to the kennehecI county Jail
fer period of six months. After sen
tenee had been pronounced the jury
was brought into the court room and
told of the result. after which they
We're dischaige The case created a
considerable amount of interest by
counsel for both sides. The Indictment
returned contained two counts, one
charging Begin with a break, on April
5. while the other break alleged in the
indictment occurred. April 80 on ac-
count of this fact the case was a diff
cult one.
Charles Sturgis. who had two indict-
ments, and two appeal cases against
him, for the illegal transportation of
intoxicating liquors. was fined the sum
of $500. He paid.
The case of O. d. Butler of Water
Vile, indicted on common nuisance
charge. was mol pressed by the State,
County Attorney Fisher stating that
he had no evidence to offer to the ef-
feet that the respondent had ever sold
anything but Ino beer, and that he
did I1ot deem il advisable to take the
time and expense of the county to try
the case with no evidence The re-
spondent was discharged.
George Lashus, against whom an in
dictment was returned for the larceny
of $500, was sentenced to a term of
not less than two Years or more tllan
four years at the State prison at
Tkemaston.
In sentencing LashHs il was the first
sentence of the indetermipate nature
passed b. the last Legislature, that
has been pronounced on a prisoner in
Kennebee county. The law governing
a sentence of this kind reads as fol-
lows:
Chapter 60. An Act to provide for
the indeterminate sentence as a pun
ishrnont for crime, upon the conviction
thereof, and for the detention and re-
lease of persons in prison, or detained
on such sentences, ana for the expense
attending same. Be il enacted by the
state oE Maine as follows:
Section I. That when any person
shall he convicted of crime, the pun
isEmcnt for which prescribed by law,
may be Imprisonment at the State pris-
on at Thcmaston or the State School
for Roys AT South Portland, the court
imposing sentence shall not fix a def
mite term of Imprisonment in said
state prison. and may not fix "a def
mite term in said State School for
Boys, but shall or may fix a minimum
term of Imprisonment which shall not
be less than six months in any case.
The maximum penalty provided by
law shall be the maximum sentence in
all cases, except as herein provided,
and shall be stated by the judge in
passing sentence. The judge shall at
the time of pronouncing such sentence,
recommend and state therein what in
his Judgment would be proper max
imam penalty in the case at bar, not
exceeding the maximum penalty pro-
vioed Ey law. He shall before or at the
time of passing such sentence. ascer-
tain by examination of such prisoner
on oath, or otherwise and in addition
TO such oath, by such other evidence
as can be obtained tending to ind-
cate briefly the causes of the criminal
character or conduct of such prisoner
which facts ana such other facts as
shall appear TO be pertinent in the
| cage; he shall cause to be entered upon
| he minutes Of the court
Section .. The maximum term OF
| Imprisonment shall not exceed the
| longest term fixed by law for the pun
| ishment of the offence of which the
| person sentenced is convicted and the
| minimum term of Imprisonment fixeC
| by the court shall not exceed one-halt
| the maximum term of Imprisonment
| fixed by the statute; provided, tha
where the law prescribing the punish
ment for the offence of which the pris
oner stands convicted. fixes the mini
mum term if Imprisonment, then tn,
minimum term fixed by law shall b.
the minimum term of Imprisonment.
Section 3. The provisions of thi
act saall not apply to any person con
victed OF any offence, the only pun
isEment for which prescribed by laN
is Imprisonment for life. Provided, tha
in all cases where the maximum sen
teEce, is the discretion of the cour
may he for life or any number of year!
the court imposing sentence shall fl
both the minimum and maximum ser
tence. The minimum term of imprisor