Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-10-14

! The final chapter in the case of
! Francis \. Vannah the Togus yeter-
an, who was at the January term of
the superior court for Kennebec coun-
ty for the current year found guilty
of the murder, Thursday evening,
March 20, 1913, of one Edward E.
Hardy in the latter's camp on the
bank of the Togus stream. and has
since January been a prisoner at
kennebec JAIL opened Tuesday with
the receipt at the office of the clerk
of courts of a rescript handed down
by Associate Justice George NJ. Han
son of Calais, overruling the exeep-
lions filed by Nannah's counsel, viii
liam H. Miller of Waldoboro. Nannah
will remain in Jail until the January
term of the superior court in 1915, at
which time he will come up for SEN
tenee. The text of the rescript follows:
Kennebec County-State VS.. Francis
a. Vannah, alias Frank Vannah.
Rescript, Hanson. j.
This case is before the court on ex-
ceptions to the order of the justice of
the superior court for the county of
kennebec overruling four motions
filed at the January term of that
court. 1914 The respondent was in
dicted for the murder of one Edward
E. Hardy at the April term of that
court, 1913, and at the September
term. on his own motion. was commit
ted to the State hospital for nbserNa-
ton. He was tried at the January
term, 1914, and was found guilty of
murder.
The motions in their order were ID
to continue to the supreme judicial
court. 90 To continue to later term
of the superior court when a Justice
of the S. J. court may preside. CD Re-
fusing to plead. f4) In arrest of judg-
ment. The reasons stated in the sew
eral motions are the same.
Counsel for the respondent argues,
% that ii has never been the policy
of the State to allow a court of limit
ed and inferior jurisdiction TO deter
mine the rights of man charged
with murder % That the respondent
was denied the constitutional right to
a change of venue; that II suen
change were sought and ordered he
would then receive only what the law
insures. the right to trial before a
Justice of this nnurt f3l That he IS
entitled theretefbecause the law OF
April Il. 1872. attempted to repeal
Sec. 2 of Chap. .h22, r. s, which gives
the supreme court jurisdiction
must relate back to the time OF the
shooting, namely. March 20, 1913; that
therefore the amendment in question
was rot in force on that day. ana
that as to his client, such amendment
was entirely imperative in any event
until after the expiration of 30 DAYS
from the date Of it's approval.
As to the first objection raised ny
the respondents counsel, 1T Is sum
cient to say that when the superior
court for Kennehec county was estae-
lisbcd in 1878. it had full jurisdiction
in criminal cases. At the same session.
The Act creating that court was
amended as follows
Sec. 10 When any indictment Is
found for any of the offences descrio-
ed in sections one and two of chapte@
III of the revised statutes, section
two. three, four FIVE, six, eight'
nine, ten, eleven, twelve, thirteen, M
teen, twenty-five and twenty-seVen Oh
chapter lis of the revised statues
sections one, two and three of chapter
119 of the revised statutes the clerh
of said superior court shall certHy
and transmit the indictment TO the
supreme judicial court for said county,
at the next term when it shall be en-
tered. The supreme judicial court
shall have cognizant and jurisdiction
thereof, and proceedings shall De nat
thereon in the same manner as II the
indictment had been found in tina,
court
Full jurisdiction was restored IN
1881, and so continued until 1891, when
the provision relating to the trial OF
murder cases was again changed pro-
viding that a justice of the supreme
judicial court be designated to preside
at such trials. In 1899, the provision
recurring indictments to be certified
to this court was restored, and re
NAMED in force until 1913. when the
section providing for certifying and
transmitting indictments to this court
was repealed, and sec. 80. chapter 10,
r. S. was amended by chapter 220,
sec. 2, and as amended reads as eol-
lows:
laws of 1913, chap. 22o, sec. 2. The
original and appellate jurisdiction in
all criminal matters in said counties
of Cumberland and Kennebec, and all
powers incident thereto, originally ex
ercised by the supreme judicial court,
but heretofore conferred upon and ex-
ercised by said superior courts, are
continued" ~