Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-12-08
Governor and Council
tinued from Page one)

States prison for the crime of rob-
berry.
Continuance was granted on the
petitions of Francis A. Klein Of Port
land, William H. Roberts of Bangor.
Loris Lovely of Pressure Isle and Ed
die Thibodeau Of Augusta.
| Petition of Joseph Ellis Of Dexter
That he is not guilty of the crime
of arson of which he was convicted,
is the contention of Joseph Ellis of
hearing yesterday in the Council
Chamber by Attorney Clarence Cros-
by of Dexter.
Attorney Crosby reviewed the cir
cumstances of the case. pointing out
that early in the summer Of 1923
Ellis sold his farm place with build
ings thereon in the town of Cam
bridge to one Holt to whom he gave
a warranty deed and transferred the
policy Of insurance on the buildings:
that Ellis had instructed Walter B.
Gould of Dexter, insurance agent, to
have the insurance cancelled on his
personal property in the buildings,
and had made an unsuccessful at
tempt to deliver the insurance policy
to Mr.. Gould who was away at the
time; and that it was Ellis intention
to place new policy Of insurance on
this personal property after he had
removed it from the buildings to an
other place.
The attorney further showed that
about eight days later. Ellis went to
the farm for the purpose Of getting
one of his horses which was out to
pasture; that being unable to corral
the horse that night and having q
key under his agreement with Holt,
Ellis went into the buildings plan
ming to pass the night there: that
Ellis drank some liquor which was
in the cellar of the house. lighted his
pipe and lay down on the couch; and
ened to find the house and buildings
in flames, and that he barely escaped
from the burning buildings. Ellis was
convicted of the crime of setting fire
to the buildings at the October 1928
term of the. supreme judicial court.
Walter B. Gould Of Dexter, insur-
ance agent, was called upon by At
torney Crocby and testified that Ellis
had instructed him to cancel the In
surance on his personal property In
the buildings he had sold, and that
he (Mr. Gould) had made a memo.
randum Of the instructions. This was
SeVordi udyS DeIOT0 tlo llIS dSSIuChss
w. G. Pierce OF Dexter. former
fudge Of probate of Penobscot coun-
ty, testified that Ellis hal left word
with him to tell Mr.. Gould to cancel
the Insurance policy on his personal
property.
The point was stressed by Attorney
Crosby that having previously ar
ranged for the cancellation Of the In
surance on his persona|property Ell
lis had no motive to set fire to the
buildings for there was no pecuniary
gain for him In such action. Counsei
also declared that Ellis was a product
of the pioneer days and had the usual
number of enemies for a man OF his
type, but that he bears his enemies
no will, having resigned himself to
his fate and having already served
three years Of his sentence. Ellis Is
now in his saith year and although he
suffered q partial shock some time
ago he could look after himself II
granted his freedom.
W. Z. Davis of Dexter stated that
he believes that Ellis has some prop
erty with which to take care OF him.
self.
Crosby to a letter written by Attor-
ney William r. PattangaH April 2,
1924 (before he was appointed TO the
supreme bench) in which Mr.. Fat
tangall stated that other members
of his law firm believed that rever-
sal Of the verdict could have been
secured. had the case been taken to
the law court on the exceptions.
Petitions signed by many citfzens
favoring a pardon were filed with the
Governor and Council, also q petition
from Is officials at the States prison
stating that Ellis while confined
had earned their esteem and good
will. J.
opposition to the granting OF the
pardon, signed by number OF Cam
bridge citizens. had also been nied IN
the case. -, ~
Harry q. Bodwell Of Enfield. N. H.,
appeared in behalf of Thomas n.
Youlton Of Alfred, serving from
seven and a half to Is years In States
prison for robbery, having been COM
mitted to prison January %, 1928. Mr..
Bodwell spoke of the previous good
record Of the young man and 1ndicat-
ed that he and Mrs. Bodwell intend
to adopt Youlton If he Is released
from prison by pardon Of commuta-
ton of sentence. :,
# was pointed out by Mr.. Bodwell
that Youlton had worked for per-
iod for a farmer at WATERFORD who
had promised to pay Youlton SO per
day for his services but who had later
refused to make payment. and that
being in need of money Youlton and
a companion, George Anderson, held
I'D a peddler with gun. taking $54
from him; that Youlton had then
paid a bill he owed for board az
Snringyale and had then started for
Laconia, N. H., being arrested at
Rochester. N. H. Youiton's companion