Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-06

will only plead noIo contendere, and II
will be all right Now in after years
If that is thrown up again TO ihat
young man, it looks to me as being d
very small matter.
i This bill was drawn at the suggestion
of one of the judges of the superior
court in Portland by lawyer ana pre-
scented here by a lawyer. l have iooheo
this thing UP and I find that IS the case
and he SAYS that in Massachusetts that
is the law. do not know why we want
to take these young men and make a
court record against them so that IN
after years they may be charged Win
some small misdemeanor ana al inc
same time if they have a criminal rec
ord, their word would not De TAKEN ia
court. Therefore, I ask for commit
tee of conference.
Mr.. MURRAY of Bangor MI
Sneaker. 1 want to say one word am
not familiar with this subject at all eA-
cept as it was argued here today. Inc
Mica of nolo cotendere need not be &C
copied unless the county attorne! sees
fit to accept it, so il cannot be apuseu.
No man can walk in and, instead Oh
pleading guilty, plead nolo contehdere
unless the county attorney ana court
allows him to. When my Brother
Rounds brings that thought TO my
mind. 1 myself have seen and every
| lawyer here has seen a great many
cases where there could be an adjust
ment with no expense to anybody II
! such pleas could be given.
! Mr.. GURNEY of Portland: MI
| Speaker, it seems to me there is some
| thing of merit in what Mr.. ROUNDS mas
| been telling rs. Now this is herl-
! tage of the old common law. 1here
was a time not long ago, huhureu
years or so, that minor crimes were
punished by death. We have grown
4 somewhat broader since that time, ana
we do not hang men today for commit
I ting petty larceny; we put them III
prison. try to reform them and endeaVor
/ to give them an opportunity TO peeih
| life over again.
There are on our statutes today a
great many things in the way OF mis-
demeanors and offences that did not ex-
ist a few years ago. man may over
speed an automobile-if he PLEADS
! guilty or nolo contendere, he is, never
theless, a criminal and his name is
marked down with that of the murder
err and the thief in this State.
Not long ago l was counsel in case
where a young man went out riding
( in an automobile with another young
man and two young ladies' They were
( people of perfectly good repute. They
were all students in the high school,
and they came from good families. They
were riding through a town not far
1 from Portland, and an officer told them
to stop. He was not in uniform, al
though he did wear a badge. They
rode by him. Purely out of resent
ment for the fact that this authority
was not recognized he ascertained the
number of the car as e went by and
telephoned to the young mans father
| house and asked him if his son or he
were riding in an automobile. The
father said honestly, NO. l was not
put my son was" Well" he said
! you will have to appear in court to-
morrow morning at such a time"
! was counsel in that case and we appear
/ ed in court. There was no wrong
/ done; there was no intention of wrong
and the officer told the startling story
to the court that he saw that car ap-
preaching at rate of so miles an hour
asked him on cross examination what
was the fastest rate of speed at which
! he had ever seen an automobile pro-
ceed and he told me $50 miles an hour
Ihat evidence in a court before a jury
would bear as much weight and have
! Just as much consideration as the Rms
sabarger Bill in a convention of brew.
ers. Laughter) But do you know.
the court took that under consideration
and he said to me. Il am going to find
this man guilty"
NO" IL was a matter of paving =
small fine. The father was able to nav
II and willing to pay it. but he occu-
pies a position of trust, and he said
TO me, "Nill this give nv son q Grim :
mai record" l said, Eyes" He said :.
II my son follows my line of employ
/ ment, he will constantly be called nm
on TO give surety bonds and one of the
/ questions asked is whether or not he
mas been convicted of crime, and if
get that bond truthfuly, and l rather
not nave it than lie about it, I have
got to answer yes haven't II" | told
1 him he had
/ what happened to that case? We
! appealed the case, and they took if
! up with the grand jury, who threw it
/ out of court.
I All OF that expense was incurred on
account of the fact that the father
wanted to protect his son from a Grim
inal record
! Where it is a criminal offence to ride
! on the sidewalk with a bicycle. where
oVerspeeding an automobile is a Grim
mai offence and where we have null
| tlplled offences to such an extent. men
ought to have a right to plead nolo
contendere and then come into a court
on civil matter where he seeks to
enforce his rights before a Jury and
not have somebody say to him, Are
you the Mr. Smith convicted of crime
at such and such a time?" 1t seems to
me, having made so many things mis-
demeanors we ought to consider this
other phase Of 1t and not stick TO the
heritage of the common law 600 Years
old.
The SPEAKER: This act is very
short, and the Chair will read it SO
all the members who are not lawyers
will understand it. NO person is in
competent to testify in any court or
| legal proceeding, in consequence of
having been convicted of an offence.
but such conviction, if not establish
ed by plea of nolo contendere. NAV
J hn cho