· CAPITAL TRIALS IN MAINE

BEFORE THE SEPARATION.

Read before the Maine Historical Society, May 25, 1883.

BY JOSEPH WILLIAMSON.

THE feudal charter granted by King Charles 1. to Sir Ferdinando Gorges in 1639 gave him as lord palatine almost absolute power. Under it a recorder's court for the city of Gorgana was established, having jurisdiction over all criminal offenses, and from whose judgments no appeal could be taken. It is presumed that a trial by jury was allowed; but whether as a matter of right is uncertain, as but few particulars exist as to the modes of procedure. The first capital case before this novel tribunal was that of a woman charged with murdering her husband in 1644. A quaint account of the affair is thus given by Governor Winthrop of Massachusetts:

"One Cornish, dwelling for some time in Weymouth, removed to Acomenticus for more outward accommodation, and last month was taken up in the river, his head bruised, and a pole sticking in his side, and his canoe laden with clay found sunk. His wife coming to her husband, he bled abundantly. The woman was arraigned before the mayor, Mr. Roger Garde, and others of the Province of Maine, and strong presumptions came in against her, whereupon she was condemned and executed. She persisted in the denial of the murder to the death."

From this brief report it would seem that conviction was established more by superstition than by legal evidence. Although the ancient trial by ordeal never existed in America, it was imagined, down to a much later period than the time of Gorges, that touching the body of one killed would prove the guilt or innocence of the accused. Such miraculous interposition is sanctioned by King James 1. of England, in his "Demonology," written in 1597, as follows: "In a secret murther, if the dead body be at any time thereafter handled by the murtherer, it will

gush out blood, as if the blood were crying to heaven for revenge; God having appointed that secret supernatural sign for trial of that secret unnatural crime." The delusion was generally accepted as truth by the New England colonies.

Under the date of June 30, 1647, the York Records show the following proceedings in the case of Charles Frost, who was indicted at the General Court held at Saco: "Whereas, there was slain Warwick Heard, of Sturgeon Creek, by Charles Frost (who) does stand here presented and indicted, that he feloniously, contrary to the peace of our Sovereign Lord the King, his Crown and Dignity, did, the 23d of March last, with a fowlingpiece, murder the said Warwick Heard, not having the fear of God before his eyes: You are therefore to inquire whether it was willfully done with malice prepense, quarrel, by accident, or unawares or misadventure.

"The jury find the killing was by misadventure, and Charles Frost quit by proclamation."

The third capital trial in the province took place in 1666. Christopher Collins of Scarborough, an enterprising settler, and a man of considerable property, having died suddenly, suspicions were fastened upon James Robinson as his murderer. Robinson was arrested and tried at Casco. The verdict of the jury was "that the sayd Collins was slayne by misadventure, and culpable of his own death, and not upon anie former malice, and therefore the sd James Robinson not guilty of murder." He does not now appear to have been held as entirely guiltless, for the records of the court show that he recognized to "sue over his pardon within a twelvemonth and a day."

Upon the subjection of Maine to Massachusetts, in 1677, until 1699, all offenses of magnitude were tried in Boston, and during nearly the whole of the next century the records of the Superior and Supreme Courts for the eastern counties were kept there. For this reason, local historians make little mention of crimes and punishments during that period, except where Indians were concerned. Under date of 1670, Judge Bourne's History of Kennebunk mentions. "J. Pottle, the murderer," but gives no account of his trial, and the Life of Sir William Pepperell contains a letter from Governor Shirley concerning one Dearing, "a poor, condemned prisoner in York jail." "I am favored,"

the governor writes Sir William, "with yours per last post, inclosing Dearing's petition; and have thereupon ordered the Secretary to make out a reprieve for him to September, which I hope he will improve to prepare himself for a better death, than, I fear from the heinous, unnatural offense for which he is condemned, his life has been. However, I shall pay so much further regard to his petition, since he intimates that the court and jury were deceived by the evidence produced against him, as to inquire into the circumstances of it from his judges." This was probably William Dearing of Scarborough, who, in 1749, in a fit of sudden passion, murdered his wife with an ax. No provocation had been offered on the part of Mrs. Dearing, who was an amiable woman, and a worthy member of the church. Southgate's History says that remorse for his crime rendered the murderer insane, and he ended his life by suicide.

In June, 1735, Patience Sampson, otherwise called Patience Boston, an Indian, was brought before the supreme court of judicature, at York, charged with the murder of Benjamin Trot of Falmouth, a child of about eight years of age, whom she drowned in a well, July 9, 1734. She went immediately and accused herself "before one of His Majesties Justices of the Peace, continuing her self-accusation from first to last, even on her trial." The sentence of death was pronounced on the twenty-fourth of June, and carried into effect on the following thirty-first of July.

Among the treasures of the Prince Collection, is a quaint pamphlet containing her "Confession, Declaration, Dying Warning and Advice," signed by Samuel Moody, Joseph Moody and William Allen, ministers of York and vicinity, and others, who attended the prisoner in her last hours, and bore testimony to what they termed "her conversion, and the Work of Grace upon

her heart."

Between 1740 and 1757, five indictments for capital crimes were found in York County, viz., against George Necho, an Indian, in 1740, Edmund Browne, in 1740, John Seymore, in 1746, David Doughty, in 1747, and Edmund Torrey in 1756. The proceedings upon them are not found in the clerk's office. In 1749, an affray took place near Wiscasset, between several white men and some of the Canabas tribe, in which one Indian

was killed and two severely wounded. Three of the former, named Obadiah Albee jr., and Richard and Benjamin Holbrook, were taken into custody, and being removed to the jail in York, were indicted for murder at a special term of court, held by resolve, during the last week in February, 1750. Albee was acquitted, but the court being dissatisfied with the verdict, ordered a change of venue to Middlesex County for a trial of the others; the relatives of the deceased, the wounded Indians, and the chief of the tribe being invited to attend. No trial, however, took place, although the prisoners were remanded to York for further proceedings. So strongly seated was the feeling of resentment against the Indians, that no white person, even in times of profound peace, could be convicted for killing one of them it being found impossible to impanel a jury not containing some members who had suffered from savage depredations, either in their persons, families or estates.

The first capital trial in Cumberland County, took place in 1772, when one Solomon Goodwin was convicted of murder. Smith's Journal relates that he was charged with throwing a man overboard from a boat. Some doubt of his guilt existed, but after several reprieves, he was executed in November, following the commitment of the crime. A great concourse of people, said to have been the largest ever assembled in Falmouth, collected on the occasion. Rev. Mr. Clark of Cape Elizabeth preached a sermon to the multitude, in presence of the prisoner.

In September of the same year, William Tate of Falmouth, was indicted for killing his wife. He had connected a loaded gun for thieves, with the door of his storehouse; his wife attempting to open the door, received the contents of the gun, causing her immediate death. Tate pleaded guilty, but when brought up for sentence produced the king's pardon, and was discharged.

In 1773, an indictment was found in Cumberland County against Joseph Weare for a capital offense. It is not known whether he was tried.

During the revolution, two men in Maine were tried by courtmartial, and sentenced to death. The first was James McCormick of North Yarmouth, a soldier in Arnold's expedition