Some years ago I found Electus Oakes in the Houlton jail (Aroostook County Maine) in the census of 1900.
My uncle (1904-1980) had recorded in his genealogical notes that there had been
family rumors of a murder. He dismissed this as an old wife's tale.
My brother Paul Nichols (pauli007) and I chatted about this.
Paul found on-line enough information about the trial to obtain a copy of the trial proceedings
And our second cousin who lives in Maine obtained a copy for me.
In (very brief) summary:
Aug 31, 1899 Electus Oakes shot and killed his son Oliver in Sheridan Maine (Aroostook County, near Ashland)
Electus was almost immediately brought to trial.
He plead "not guilty"
The trial lasted a week or so (the transcript is more than 344 pages]
At the close of the the trial he was charged with 1st degree murder, and the jury
found Electus guilty
Two years (or so) later he was still in jail when his case was appealed on
the grounds that the jury had been improperly charged (that manslaughter
should have been part of the jury instructions).
A summary of the appellate findings can be located by goodle searching for the words
"electus oakes" haines
The appeals court found for the defense and ordered a new trial.
At the new trial Electus plead guilty to a charge of manslaughter.
He was sentenced to six months.
(Although I cannot find this in the Attorney General's review (below), I suspect
that this 6 month sentence would have been "time served"
and that Electus would have
been immediately released)
A google search with the words "Electus Oakes" Trial
will find The Attorney General's
report of the proceedings
This is what it says...
"STATE OF MAINE.
Office Of The Attorney-general,
Portland, Me., December 1, 1902.
To the Governor and Council of the State of Maine:
In compliance with public statutes, chapter 77, section 57, I herewith submit my report of the business
of the office of attorney-general for the two years ending November 30, 1902.
HOMICIDES.
Indictments for murder have been disposed of as follows:
.
.
Page 7
STATE vs. ELECTUS OAKES.
This is the only case in which an indictment had been found and was pending when I assumed
the duties of my office. A full statement of the case was made by Hon. William T. Haines,
ex-Attorney-General, in his report of 1899-1900, to which I refer for the details and particulars.
In brief, the respondent was convicted of murder in the first degree at the September term of court,
1900, holden at Houlton, Aroostook county, but on account of the presiding justice having failed to
charge the jury on the question of manslaughter, exceptions were taken by the counsel for the
defense, Hon. Don A. H. Powers of Houlton, and the case was carried to the Law Court.
The exceptions were sustained, the verdict set aside, and the defendant granted a new trial.
When I came to the office in 1901, this case was in order for disposal. At that time the respondent
was a man of about eighty-two years of age. He had then been in confinement for nearly three years.
The defense offered to retract the former plea of not guilty and to enter a plea of manslaughter, if the
State would accept the same. On a careful examination of the details of the case, and having become
convinced on examination of the evidence that the offense was due in quite a measure to anger
and excited passions, I deemed it advisable to accept the plea of manslaughter rather than put the
county to the expense of a trial of the cause, with the probable result that a verdict of manslaughter
would be returned by the jury.
The case was assigned for trial at the September term of the Supreme Judicial Court of Aroostook
county, 1901,Fogler J., presiding, at which time the facts in the case were presented to the Court,
and my position having been sustained by the Court, the defendant retracted his former plea of not
guilty and entered a plea of manslaughter, which was accepted, and thereupon the respondent was
sentenced to six months in the county jail at Houlton.
The Court said at the time of imposing sentence, "In imposing sentence upon this respondent I take
into consideration his extreme age and his apparent infirmities of life. I take into consideration the fact
that he has now been in jail for more than two years. I take into consideration his former life as it has
been stated by his counsel and which corresponds as I recollect, for I went over the case carefully
when it was in my hands, with the printed record. He is an old, decrepit man. I do not feel in such
case like imposing a severe sentence. I think that it is a case where clemency may properly be
exercised and I do exercise it."
At this hearing Hon. R. W. Shaw of Houlton, County Attorney, assisted me in disposing of the matter
in hand. Hon. Don A. H. Powers appeared for the defendant and ably presented his views of the case
to the Court."