davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19
CASE OF STATE
VS.. JOHN SLQRAH
ATLAW COURT
Argued at the Wednes-
day Session. Slorah
Had Been Convicted
Of Murder of House.
keeper by Supreme
County

Arguments were made at the ses-
sion Of the law court Wednesday in
the unusual case of State versus
victed Of the murder of his house.
keeper. at the last September term
of the supreme judicial court for
York county. Slorah was indicted at
the September term in 1917 and on
the sixth day Of the term pleaded not
guilty by reason Of insanity. At the
January term, 1918. Slorah was
placed on trial
On motion Of Hon. George L. En-
cry of Biddeford, the counsel for the
respondent, the respondent, his coun-
sci, counsel for the state and officers
went to the premises of the respond
en-. and there a view was taken by
the jury. At the afternoon session of
the court. the attorney general COM
planned that the respondent made this
statement in the presence of the jury:
MY God. Take me away from here.
or shall be insane again." Justice
Philbrook, who was presiding, ord
cred that the jury be excused from
further consideration Of the case, and
that the respondent be remanded to
await trial at the May term Of court,
but at the May term the respondent
remained in Jail. In the meantime
exceptions were filed by the counsel
for the respondent. but the law court
decided that the bill of exceptions
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19
BELFAST
Girls Home Preparing for
Christmas-Co. F Organizes
Basketball Team 80 Belfast
Man Receives APPOINTMENT

The children Of the Girls Home on
Northport avenue are happily pre-
pairing for Christmas. learning songs.
Rotations etc, to be given at the
Christmas tree. Four new girls nave
rec entity come into the Home. One Of
these q dear little 6-year- old is much
petted and admired by the older
girls. Pleasant letters come to The
! Home from the girls who are in
| foster homes. One tells of her TANK
, in school. another writes: Il an 60
ing to like my new home very .u;ici."
Others tell Of happy ti;nas ana frar X
~ express their wish 70 stay rith
the people who have takrn them.
Miss Phyllis Eabbidge Of Dark Har-
Dor. q constant friend of the lioInc,
has recently sent clothing 1nd paper
dolls. Mrs. J. II. Swect:sir rf Sears
port very kindly collected the anna
al gifts of friends there and has for
warded sG1.07 from AL the old
friends and many new ones" Other.
gifts Of money have been received
from Mrs. Amos Clement ard Miss
/ Carrie NJ. Cutter Of Belfast. Mrs.
Olivia J. Hall of Flatbush. L. T., ard
Mrs. Mary McGilvary Of Pittsfield.
Co. F of the 3rd Maine Regiment.
National Guards, has organized a
basketball team and is looking for
games. Lieut.. Basil Allen is mana
ger: Earl Brown. captain: Rudolph
Saunders, treasurer and Lee Robin
son is coach. A team made up Of
Saunders. center, Estes and Sylves-
ter. backs, and Morse and Brown,
forwards. played the high school
team Monday night in the armory,
the latter dining by a score of p TO
is. Some good sport is promised dur
ing the winter.
a young man in whom many Bel
fast people have been interested end
whose progress they have watched
is Roland E. Stevens, son of Mr.. and
Mrs. w. F. Stevens of River avenue.
He has just received the appointment
as superintendent of schools for the
city of Ellsworth, which also IN
Guides in the union. Surry and Ded-
ham. He will have charge of 81
schools.
Mr. Stevens succeeds Supt. W. II.
Patten, who goes to WaterviIie. Ro-
land Z. Stevens was graduated from
the Belfast high school in 1910 ard
was a member of the famous basket
ball team in which "Pater" Collins.
cash" Dickey, Quill" Lothrop. all
Of whom are in the service at pres
ent, were stars. He entered Uniyer-
sity Of Maine that fall and was grad
uated in 1914. He was a member Of
Alpha Tau Omega. After his graI1-
alton he taught three years as prin-
cipal Of the Franklin high school end
was one year principal of the South
west Harbor high before going TO
Ellsworth high last fall. There lie
had school of 173 students This
position he filled until elected to the
superintendance OF the Ellsworth
Surry-Dedham Union.
The day after his appointment Mr.
Stevens was stricken with influenza
and for a time was critically ILL he
is now convalescing.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

should not be presented to that tribu-
nal until the determination Of the
case at nisi prius.
Attorney Emery
Hon. George l.. Emery, judge OF the
Biddeford municipal court, counsel
for the respondent, argued at
Wednesdays session that before the
jury was empanneled at the second
trial motion was filed to quash the
Indictment, the substance of the mo-
ton being that the respondent was
about to be tried for the crime OF
murder and was entitled to trial at
the second term after the finding Of
the indictment. in accordance with
the rights that were guaranteed him
for speedy trial by the constitution
of the State of Maine, and the ex-
press provisions Of the revised sta
tutes. Then, before, the empahnelling
of the jury the respondent filed a
plea of Former jeopardy"
Attorney Emery in continuing his
argument said in part:
"The respondent was entitled as a
matter of right to be tried at the
second term after the finding of the
indictment.
The constitution of the state Of
Maine, as we'll as the United States,
provides as follows: No person for
the same offence shall be twice put in
jeopardy of life or limb Section 8,
Article LIST. Declaration of Rights,
Constitution of Maine. The terms
jeopardy of life and should be for
the same offence jeopardy Of life or
limb jeopardy for the same offence
twice put in jeopardy Of punishment
and other similar provisions used in
the various constitutions are to be
considered as meaning substantially
the same thing.
The presiding justice failed to de-
clare mis-trial and the respondent
did not consent to the discharge OF
the jury, therefore, the respondent
was acquitted and his trial could not
be continued at another time.
Il wish to submit the following
reasons why the respondent should
be discharged:
"First-The statutes of Maine say
lildt NC IL leu DIT ID6 SGCOQQ
term after the finding Of the indict-
ment. This was never done.
"Second-The court had no author
ity to continue but is expressly COM
nnpded not to discharge the jury and
continue the case to another term,
even to promote justice.
"Third-The jury was sworn and
empanneled. The respondent had
been arraigned and plead not guilty
and the case had proceeded to trial;
therefore. jeopardy had attached.
"Fourth-The presiding justice
continued the case and he had no
Rathority except that Of discharging
the respondent, or to declare a mis-
trial II there was a manifest or over
ruling necessity; this, he failed to do.
"Fifth-There was no manifest or
overriding necessity which prevented
the trial from going on.
"Sixth--All of the leading authori-
ties in this country declare that when
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

jury is sworn and cmpanneled and
the respondent has plead, the dis
charge of the jury, without his con-
sent. is equivalent to an acquittal un-
less there is an overruling necessity
which requires it to be done.
In conclusion of this brief, allow
US to quote from the remarka Bile
work by great writer who has for
many decades, been a supreme au-
thority in this country on criminal
law. In speaking Of the rules for de-
termining when there has been jeop-
ardy. he says as follows:
The constitutional command is
the supreme authority and Judi
cial decisions, however numerous,
are subject to be corrected
by it. True, we have the habit Of
regarding adjudications on constitu-
tional questions much as we do 9TH
ers. But. rejecting, we see that our
constitution provides the way in
which they may be amended, and it
does not consist of judicial decision.
Doubtless no court, however en-
lightened. will overrule a case on con-
stitutional law without distinctly
discerning that it was wrong. But
where there is neither doubt nor
room for doubt. a bench of judges
today is not justified in violating the
constitution because bench Of
judges yesterday did the same thing"
Attorney General Stursis
Attorney General Guy H. Sturgis Of
Portland. said in part in his argu-
ment in behalf of the State:
The power to grant or to refuse a
continuance upon motion Of parties,
or to order continuance on the
courts own motion, in either a civil
or criminal case, is inherent in all
courts and necessary for the promo
ton of justice. and at common law.
the grant or refusal Of a continuance
is within the sound discretion o. the
trial court. The inherent power in
the court to continue this case. rec
ognized by the common law, has not
been limited or taken away by sta
tute.
THE discharge Of the jury by the
court m the case at bar and the con-
tinuance until the May term was ac-
cording to fixed rules. regulations and
proceedings, and the delay was Meth
er vexatious, capricious nor oppres-
sive.
THE State submits that the acts
Of the respondent in falling down and
sobbing in the presence Of the jury
and saying. "Oh, my God. take me
away or / shall be insane again."
were OF such a character as to have
a tendency to influence the minds of
all the jurors and to prejudice them
and create a bias in favor Of the re-
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19
-u1crai Ct Miss Sylvie E. Garsde

funeral services for the late Miss
.5ylvie F.. Garside We're held al >
o'clock Wednesday afternoon from the
home 80 School street, in the pres
ence OF the relatives and friends.
among the latter beirg the members
Of Miss Garside's class when she was
. student At Coay High school. The
floral tributes were beautiful and i'll
piofuslon. The services were conduct
ID By Rev. ~ Francis Walch Of the
Winthrop street Universalist church
and Rev. f. s. Philbrook OF the First
Baptist church. and intermert was
made in the family let in Mt. Pleas
ant cemetery, the bearers being Bur
leigh Martin. Harold Weeks, Nathan
Weston and Howard Weber
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

spondent and against the state and.
upon discovery of this fact. the only
course for the State to pursue was to
forthwith present its objections to a
continuance of the trial, before that
jury; and it was the duty Of the court
to discharge that jury on the ground
of a manifest or imperious' or
pressing necessity. and remand the
accused for a new trial.
The respondent. John c. Slorah. or
counsel for him could not waive his
right to be present during the trial.
The presiding justice was justified by
fact and authorized by law to dis
charge the jury and remand the ac-
cused for a new trial. There was a
moral necessity that the rights of
the accused be protected. There was
manifest necessity" that the ends
of public justice be not defeated.
IN conclusion the State submits
the following:
There was no error on the part of
the presiding justice in continuing
the trial of the respondent at the
January term and the respondents
exception thereto should be disal-
lowed.
There was no error in the order
or decision of the presiding justice at
the September term of the supreme
judicial court for the county of York,
held on the third Tuesday Of Septem-
Der, 1918. in over-rulinS the respon-
dents motion to quash the indictment
and the respondents exception to
that order should be disallowed
| There was no error in the order of
| the presiding justice at said Septem-
Der term, 1913, of the supreme Judi
cial court for the county of York.
overriding the respondents plea of
former jeopardy and ordering the
spondent's exception to this order
should be disallowed."
Other Cases Argued
The argument of cases was com
pleted at the Wednesday session.
| The first case argued at the ses-
| sion was from Penobscot county,
| Thomas H. Lawler VS.. James H.
Spellmar & Sons. This is an action
TO recover for services on the de-
PENDANTS farm in the town of Bene-
| dicta. The verdict was for the plain
| tiff for $3130.1S and the case comes
| to the law court on motion for a
new trial by the defendants. L. A.
Pierce of Houlton argued for the
| plaintiff and George H. Morse of
| Bangor for the defendants
Next was the Sagadahoc :ounty
case Of Harry F. Oliver VS.. Elizabeth
| Morse ct ais. a bill in equity asking
| for an INJUNCTION restraining the lie
\ PENDANTS from using certain lands
/ for pasturage. The case was before
/ the law court on appeal by the dc
| PENDANT from the decree of single
| justice and was argued by E. c..
! Piurlmer of Bath for the defendant
: The plaintiff submitted on brief
+ The argument of cases having been
| completed, the justices VIII go into
! consultation this morning.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19
RED FLOODED J
men FIGHTERS
THEY RUIETHE WORLD

R.a sIoeseS men -, ere bern .i Leaders ;r:
isilisently with both brain and
@s.. .m Tsss ana are iu riS u yslnse y:
Eeen. alert on their toes and ready
tor anything that comes their way.
Work e : pleasure and they land on
You Win nc, ind a strong success.
along with poor health or weak
nerves. They know bet, better; a tney h,o are
has plenty OF good fresh Iron and
their nerves at all times loaded with
phosphstes-the nerve food
s.ro saein hses dHsy0r sueesssfui man or
woman and you can bank on II. every
time. their bodies are just loaded
with Iron ard rhosphatos". An
.e s.-o p no seta p Bfyasisn Saz
through life sickly. miserable. played
out, tagged and nervous when Phos-
phatca iron will always put energy
nerves This same doctor also said.
with the system loaded with Phos-
phated Iron you IAN fight LIES battle
,n any , ~ se q Tue ,gra game anu %
Mr. Run Down ran or woman in
any stage OF lifc. u you feel ell in.
your nerves arc ell shot, and Ire
se.Ts llks enc sont1n1sa AL d rat n ant
70 yourgeIf wake IN. take brace.
Law IN n supply 81 phosphated Iron
and take new lease or li.e. You
viii once again feel Ike live one
and face the world with the smile
that wins Are you game?
To insure physicians NM their
pstien,s receiving the genuine Phos-
rha,ed Iron. Il has been put up IN
10 give Won. tablets or pills. Insist
on capsules.
EDWd.tCh- w 80 60. md leading
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19
MORE IMPORTANT PROBLEMS
Than Those Faced in War Crises Are
Those Of Reconstruction Periods
Says c. S. Hichborn, Director for
Maine, v. S. Employment Service.

Maine, v. S. Employment Service.
Charles S. Hichborn of this city.
the director for Maine OF the United
States Employment Service, Wednes-
day sent out a letter to the editors of
the State, saying that it need scarce
~ be suggested that the problems OF
teadjustment and reconstruction
periods. which the nation is now en-
tering. equal or surpass in impor-
lance those which it faced in the war
crisis.
Not the least formidable of these
problems is the employment ques-
ton" says the letter.
But to make it possible that the
millions of men in field and factory
war service may be absorbed without
extended or extensive idleness. which
at this time would indeed. be seri-
GUS. is one of the complex questions
to which the federal government is
giving its closest attention.
In cooperation with the War De-
partment and other war agencies, the
United States Employment Service is
being charged with the task of hand
ling these men as they are released.
How well it is to succeed depends in
a very large degree upon the as
sistance it receives from the news
papers. We feel sure that in ap-
pealing to YOU we are to receive the
same hearty cooperation that has
been given us in the past. We recog-
nize fully the burdens which news
papers have been called upon to carry
during the war and we are sure that
every one in a position to Judge real
ICES that your cooperation has been
an invaluable aid in driving the war
through to a successful and rapid
finish.
There is no cause for undue APP
prehension over the present situa-
ton. On the contrary. the expert
ences OF the past few weeks have
demonstrated that, with the proper
diligence and care, the situation can
be handled very effectively. May we
not count upon you to keep things
moving forward as steadily and as
calmly as they have been proceed
ing?"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19
NEW PORTLAND

An epidemic Of grip is visiting this
town. Among those suffering from it
are Mr. and Mrs. Cephas Walker,
William Mitchell and Henry Burns.
Christine Strickland, who has been
ill with pneumonia. is gaining rapid
iy.
Mrs. E. E. Atwood is suffering from
severe cold.
Mr.. and Mrs. c. Z. Williams of
Eew Vineyard were guests. Of Mr..
and Mrs. Charles Hoyt on Friday.
Miss Mildred Stewart OF New Vine
yard has been visiting relatives IN
town Tor . few days.
Forrest and Eugene Strickland
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

Miss Mildred OBrien of this city,
who q few weeks ago underwent sur
gicaI treatment At the Augusta Gen
cIal hospital. has SO far recovered
ihat she was able yesterday to leave
the hospital for home.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19
LOCAL NOTICE

Salvation Army Gospel Meetings every
night in the year at P. NJ. At $50 Wat.
er street. Augusta. Maine. Sundays.
1890 A. NJ. holiness meeting: 100 P. NJ D..
county Jail: p. NJ. young peoples
meeting. You are, invited and urged 20
attend. dec7dtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

were fortunate in securing a good.
sized doe on Saturday, the last day
Of the hunting season.
David Gray of New Vineyard was
a caller in town the first OF the
week
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

John Church Of this city. who has
ncen in thu United States military
service and mas been doing guard
ddty at Hoboken. y. y, has received
MS honorable discharge from the ser
vice and returned Tuesday 10 his
home
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

Among the intentions of marriage
which have this week been recorded
at the Office of the city clerk are
those Of Alfred Gagnon and Armoza
Gagne, both OF Augusta.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

Mrs c. w. Taggart Of Winthrop
arrived in tho city Wednesday for
fe,y days visit with Mrs. H. y. Fos-
u. Cony street. While. here Mrs.
Iaggart attended the York concert.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

Jubilee dance. Union hall, Augusta
Thursday evening, Dec. 1s. Music by
Caravans orchestra Of Waterville
Come hear the king Of the worries
Dick Caravan. Names greatest
Xylophone player. will be there.
dec1 Sd q
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19
AUGUSTA LOCALS

The Christmas party Of the Uni
tartan Sunday school will be held At
{ clock Friday afternoon, Dec. 20. at
the church pariors.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

The following patients were admit
led Wednesday to the Augusta Cen
erai hospital: Mrs. Virginia Bates of
Augusta, surgical: Miss Grace lib
belts of Haliowell, surgical.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

Lottie S. Stafford will commence hel
annual Christmas sale at Ill State
St.. Thursday, Dec. S, and continue
until Dec. "a. dec5dtodec2s
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

Mrs. Ada Boynton of Is Melville
street wishes to announce the recoT-
cry of William Sprague. He left the
hospital and is again with his COM
pany.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

The Government is returning many
OF the boats that were taken over
from the various steamship lines at
the declaration Of war. The Eastern
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

Order your Christmas candy. pud-
dings. cakes. ETC., early Of Mrs. Ern-
est l.. Hall, 20 Melville street. Tel.
756-M. dec1Sd4t
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

Steamship lines have already r1
ceived a number and others are TO y
returned soon. There is no indicatoI'
that any Of the schedules that We
annulled several weeks ago will =
resumed before Spring.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

EoWd.tch w % 60.
druggists ever ncrc
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-12-19

should not be presented to that tribu-
nal until the determination Of the
case at nisi prius.
The Washington times., 1918-05-26

For a long time the woman's com.
mittee has been receiving letter.
from women urging the action. II
was said. and the determined avoid
anee of mourning by Englishwomen
has been much commented on and
praised One woman who advocates
this step has four sons in the serv-
ice, one OF whom has already been
killed. She wrote recently:
Il know the costliness Of such 1u-
preme glory and sacrifice, and have
felt both the selfish temptation 10
hide my pain behind a mourning that
would hold off intrusion. and the in
spiration and stimulus OF keeping up
TO my gallant sons expectation that
I should regard his death a. q happy
promotion into higher service. Pa
triotism means such exhalted living
that dying 10 not the harder part"
The insignia which has been chosen
by the womRn's COMMITTEES can be
readily made at home OF whatever
material can be procured. The com
mittee says IL believes "the wearing
of such insignia will express better
than mourning the feeling OF the
American people that such losses are
a matter Of glory rather than Of
prostratinE grief and depression"
The Washington times., 1918-05-26
RED CROSS GIVES
LIST Of AMERICAN
WAR PRISONERS

The following liBt Of American soL
disrs, who were previously reported
missing IN action, but who Il has been
learned are prisoners OF war IN Ger
many has been made public here. Ths
Information was received through tie
International Red Cross At Gsnsva:
Interned af Cap DarnstaRL.
Private ArsenS BerEsron. Turner'S
Falls, Mass.
Corporal Pat Msshsn, sDrinEasld.
Mass.
InteEned IT Camp KaEIEruAa.
Lieut. James Frank Crawford. War
saw, N. 7.
Lieut.. Louis n Edsns, Cabool, No.
Lieut.. n s. Redmond, Pittsburgh,
Pa
Lieut. Aviator John Joseph Mere
dith, address not known
Interned At Camp LInbers.
Private F. B. Hickman. LOOEoOgOa.
Ind.
Camp Net stated
Private Homer J. Aksrs. Norwood. No.
Edward Bennett. Williamsburg. Ky.
Frank Gretschnsider, Chicago.
Russell Dogson. Vintondale. Pa
Owen Dougherty. Chester. Pa
Melville S. Harger, Battle Creek. Mich
George German. Newark. N J.
Alexander J. Jraukuszeski. DobrN,
Poland
jeremiah Lehans, Brooklyn, n. 7.
Wilfred MARQUES. Fan River. Mas.
Roy r Mason. Gainesville. Fla
Frank ]. Meyer. Reading. Ohio
Clarence Newton. Cincinnati OhioL
E ]. Prosser, Minneapolis. Kan
James Puntillo, Newark, n. J.
CarmenilO Puopolo. Avon, Mass.
Rocico Summa, Philadelphia
Harry Svitak, address not known
William Sweeney, South Boston,
Mass
Robert Walker, Jersey City, n. J.
David watkins. Glasgow, Ky.
L. II. Whitehead. Jeffrey. Ky.
The Washington times., 1918-05-26
WOMEN TO WEAR
BLACKBAND WITH
STARS FOR DEAD

American women who have lost
members OF their families in the ssrv-
ice OF the nation will wear q black
arm band. bearing a gold star, instead
OF mourning, II . plan recommended
by the woman'S committee, Council Of
National Defense. Is generally adopt
ed.
President Wilson. in a letter TO tho
chairman OF the committee. DR.. Anna
Howard Shaw, has approved the rsso-
lution Of the committee. He said:
MY dear DR.. Shaw:
Thank you for your letter OF yes
terday. I do entirely approve OF the
action taken by the women's Com
mittee in executive session, namely
that q three-inch black band should
be worn upon which a gilt star may
be placed for each member OF the
family whose life is lost in the serv-
ice. and that the band shall be worn
on the left arm. / hope and believe
that thoughtful people everywhere
will approve OF this action and I hope
that you will be kind enough to make
the suggestion Of the committee pub
lie with the statement that II has my
cordial endorsement.
Cordially and sincerely yours,
WOODROW WILSON"