Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-06-07


lass. was not present. that case was
continued. Judge S. L. Bates of Port
land represented Maria, who had been
given two sentences in illegal trans
portation cases. each of two months
in jail and costs OF $500.
Judge Bates showed that the man
had previously had a good record and
was never in trouble before. On that
occasion, Maria was arrested with
quantity of Intoxicating liquor in
his occasion. They said 1t was Tor
the christening Of a child that was
to be born, as 1T is the custom OF
Italians to have celebrations on those
occasions. Mara was arrested jan
uary 3rd of this year. His arrest
had caused disturbances in his wife's
physical condition. She was unable
to provide for herself and was tax
en- care Of by the City of Westbrook.
Nara promises that he will have
nothing more to do with intoxicating
liquor. Judge Bates stated. and wants
to get out and go to work to take
care of his wife.
AffidavitS were presented from
Mrs. Maria, from William H. Smith,
turnkey at the Jail, and others who
stated that in their opinion Maria
had suffered enough.
Case Of Charles P. Bennoeh
The next petition brought before
the Governor and Council was that
OF Charles p. Bennoch of Dedham.
who is serving a sentence of not less
than one and one-half nor more than
three years for assault with a dan
gerous weapon. Attorney Charles
! Reed of Orono appeared as his coun-
sci.
The attorney stated that Bennoch
had been committed to Jail in Oe-
| tober 1921, was Al years Of age, and
was farmer by occupation. He has
| raised large family of children,
eight Of whom are minors. His wife
was in i'll health.
The circumstances in the case were
| related by the attorney, who stated
! that Bennoch had two daughters, one
| Is and one II, and that they mad
come into contact with two men
much older and on two occasions had
gone away with these men. Bennoch
had felt that it was his duty to pro-
tect his family and the reputation OF
his daughters. and at the time al
legged had gone to the camp where
these two men were. Hiram Patten
on whom the assault was made was
| the bondsman for the two men. IL
appeared that Bennoch had fired the
gun into the ground. No one was
struck by the bullets. Bennoch had
then been indicted on an attempt to
| kill.
That the two girls had changed
their statements. saying the second
time that they had gone away vol
UNFAIRLY with the two men. the at
torney pointed out. So the cases
against those men had been mol
pressed.
I A number of letters favoring the
granting of the petition were pre-
sentcd by Attorney Reed, also pc
tition signed by Mayor Foster of
Ellsworth, the postmaster, president
OF the board of trade and other off,
GERS of the municipality. The attor-
ney also brought out the point that
Bennoch had no grievance against
Mr.. Patten in any way-that Patten
; had simply acted as bondsman Tor
the other two men.
Governor Baxter asked the attor-
ney if there was any likelihood OF the
! two men being prosecuted under the
Mann act, to which Attorney Reed
replied that he did not think SO.
Ask Pardon from Life Sentence
Next in order for hearing was the
petition of Edward +. Cole who is
serving life sentence in the States
prison at Thomaston for murder. At
torney George c. Wing, Jr., of Au-
burn appeared as counsel for the
petitioner.
Cole was committed to Jail Febru-
arv s, 1906 He was born and raised
| in New Brunswck-in a small FISH,
/! ing community in the Province. At
| the first trial Of Cole. the jury mad
! disagreed but at the second tri al ne
was convicted, Attorney Wing stated
t'.,;t Cole is MAI IN Astounding
health, contrary to the condition OF
| most Of the men asking for pardon.
! At the trial, Cole had been assigned
| counsel in the person of Scott Will
! son of Portland, who is now a justice
| of the supreme court. Cole had been
ably defended in court. But now that
Mr.. Wilson is a justice of the Su-
| rreme court, the situation arises that
! Cole is now deprived of the services
| of the attorney who defended him in
| the case.
There is law that in cases of
| this nature copies of the evidence on
! which the respondents are convicted,
! shall be filed, the counsel pointed out.
| But it is now impossible to secure
| copies of this evidence as they were
! burned in the fire which destroyed
the county building at Portland.
Attorney Wing stated that he had
| made such investigation as he could
of the court proceedings when Cole
! was convicted, and that from the
| newspaper reports of the trial it was
! stated that the motive was robbery
and that the defense was an alibi,
and Furthermore it appeared that no
| two of the States witnesses had
| agreed as to the identification of the
man whom they said was in Fall
| mouth on the day the murder was
| committed. Attorney Wing stated
| that he believed the man had shown
an alibi-that he was at another place
| at the time-and that at the first
| trial the jury had disagreed.
Judge Bates of Portland spoke
| briefly concerning the matter, saying
| that he had no interest in the case