The Supreme Court of Maine. hung this prisoner over the bloody scene, who of them would be allowed to come in and plead that they had only meted out to him that justice which he claimed to have meted out to another? The moment we al low ourselves thus to travel one step beyond the limits of the law, we are tending towards the abolition of all law and a reign of terror." After a six days' trial, a brief and brilliant closing argument by the attorney-general, and an able and exhaustive charge by Judge Walton, the jury remained in consultation throughout the night, standing eleven for conviction for murder in the second degree and one for manslaughter. To avoid a dis agreement the eleven finally went over to the obstinate one and returned a verdict of "guilty of manslaughter." The prisoner served a sentence of nine years in the State prison. During a diligent and active practice in his profession he found time to discharge other important duties which the good citi zen often finds imposed upon him and wil lingly assumes. In 1873 he was chairman of the commission on "The New Insane Hospital," and wrote the report which was published by the State. He advocated the adoption of a system, after careful investi gation, that was indorsed by the highest medical authorities. He entered, in 1875, into the agitation which secured the aboli tion of the death-penalty that had been re cently revived, although, with a few years' exceptions, it had remained undisturbed on the statute since prior to 1840, when it be came the settled policy of the State. This agitation resulted favorably. The result was largely due to the leading and influen tial part he took in the measure and by moulding public sentiment on the subject. It is interesting to note here that another distinguished graduate of Colby University, the late J. Young Scammon, of Chicago, appeared before a committee of the Maine legislature as early as 1837, accompanied by a delegation of students from that col
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lege, to advocate the same measure, and made many converts. Some of the latter, who afterward attained high stations in pub lic life, were efficient in keeping the State moored safely to this humane legislation. Again, in 1883, after he had become judge of the Superior Court, he appeared before the judiciary committee at a public session in opposition to a bill to restore the death penalty; and I well remember his cogent argument replete with statistics, and persua sive eloquence that seemed unanswerable. In 1879 he was chairman of the commit tee of citizens in the city of Augusta that erected the graceful and artistic Soldiers' Monument which adorns the public square in that city. By act of the Legislature of 1878 the Superior Court for Kennebec County was established, and on February 13th he was appointed to its bench. This court, auxil iary to the Supreme Judicial Court, had jurisdiction of all civil suits at law, except real actions, and exclusive original and ap pellate jurisdiction in all criminal matters in the county, including capital cases. This court sat in Augusta with five jury terms each year until 1889, when two sessions were held in Waterville and the Augusta terms were reduced to three. After the second year of its establishment, its powers were enlarged so that it comprised the en tire criminal jurisdiction, including capital cases. In its civil department it included divorces and all civil actions except real ac tions and trespass q. c, exclusive, up to five hundred dollars, and concurrent jurisdiction with the Supreme Judicial Court of all such actions when the damages exceeded that amount. The twelve years during which Judge Whitchouse presided in the Superior Court are remembered for the ease and urbanity with which he dispatched business. Indus trious and polite, clear and interesting in his charges to the jury, he soon became popular, in the right sense of that word, with
