Eastern times., 1850-11-21
Correspondence Of the Eastern Times.
District Court Proceedings.
WIscAsSEr, Nov, l6. 1850

Nos. 46, rs, and No. Severe against Rob
ert R. Coombs. The three frstwere appealed
cases, from Judge Cochran's Court, Rockland
the latter an indictment, found by the Grand
Jury-to which nolo coafendre was plead by
deft. No. 46 was mol pros'd-the three gov
ernment witnesses testiiying that they only OBJ
tanned bitiers ofthe deit-,hat they never paid
for them, and that they never expect to-and
that the bitters consisted of something tasting
like cherry bark, but not like any thing of an
intoxicating or of spirituous nature. After
vain attempts on the part of the prosecuting of
ficer TO draw out something from these witness
ses In support of the charge, noile proseqm
was accordingly entered, as to this charge
Nos. AZ and were better sustained, and a
verdict of guilty, was rendered by the Jury
The pleadings in these cases, and in most of
the others, were drawn up by Judge Ruggles,
and embraced some very nice points, which
were reserved for the full bench. The juris-
diction of Judge Cochran was denied on two
grounds-frst, that by the Revised Statutes,
Magistrates must be created by executive ap-
pointment, whereas Cochran was elected BY the
citizens of Rockland. Secondly, that as the
Town Clerk was established by the Legisla-
ture, Judge Cochran had been disqualified from
taking office under the act, having been mem
Der of the Legislature that created the office
Another point, applying to some of the cases,
was made by the defence, relative to the sale
of the lquor-the evidence being that the wit
nesses did not pay for the liquor, at the time Of
drinking it, and that they did not expect to pay
for it. The ruling Of the Court was that there
was the same implied promise to pay for intox-
icating liquors, as for any other article of value
to which ruling exceptions were taken-it
being contended that the law never recognizes
transactions against morality, or that infringe
It's provisions, and that the transaction of call
ing for liquor, in violation of the law. and not
paying for it, was insufficient in the law TO
constitute sale. The appealed cases were
for violations of the law of '46, which renders
single instances of selling intoxicating drinks,
without license, unlawful-while the indict-
ments were for ''common Sellers" under the
law of the last session, which is defined TO be
the selling at three or more distinct times
Nolo contendre being plead TO the indictments,
it was contended by the defence that no specific
charges could be maintained, as the indictments
covered the whole ground and embraced all
transactions up TO the date of the Indictment
This was also reserved for the full bench
No. 4l-State vs.. Ambrose Snow, apt
Jury did not agree.
No. 42-State VS.. James Morse, apt
There being but one charge against this deft,
who was quite youthful in appearance, and it
being proved 10 the Court that he was not now
engaged in the traffic, and had not the bad rep
utation of being Iun,seller, the Court dis
charged him on his own recognizance, for his
appearance at the next term of the Court, inti-
mating that good behavior might eAtenuate the
offence.
Nos. 43, A, and As, were appealed cases
against Greenleaf W. Palmer, and No. 81
" dS al llIulNtlllCHt kto NOtO tUfutHuIG
was plead) The verdict on No. 43 was not
guilty-the evidence being that the deft. sold
good liquor, (Cogniac brandy,) the sale of
which, being foreign article, was not made a
crime by the law. Verdicts of guilty were
rendered in the other two appealed cases, and
they were carried up under the same circum-
stances as were Coombs'.
Nos. 40 and SO were against Enoch H.
Heald-the former, an appealed case, mol
pros'd-the latter an indictment, noio contendre
being plead.
No. 60 was an indictment against George
Fillman, Rockland-defaulted.
No. 81 was an indictment against Jesse +.
Whitney, which was also defaulted.
The above embrace all the liquor cases.
The prosecuting officer, Mr.. ingalls,, acquitted
himself creditably and to the entire satisfaction
of the most ardent believer in the good practi-
cal results of such prosecutions. The defenc-
es were ably conducted by A. P. Gould, and
Hermon Stevens, Esqs., who availed thAm-
selves of all the legal technicalties ''know. to
the laws" Each jury seemed disposed to
convict upon satisfactory proof, which indicates
the prevalence of a more healthy tone in the
community, relative TO the enforcement of our
statute ordinances. Our laws should be en-
forced or repealed-not evadcd The policy of
the temperance law is TO be determined by its
operation-if ultimately found to promote the
temperance cause and subserve the interests of
morality, let 1t be r1gidly enforced.
No. SO was an indictment against Abiel
Avery, of Jefferson, for passing counterfeit
money. The def. plead nolo conte1dre, and
was sentenced TO six months in the County
jail.
No, 81 was an indictment against Charles
F. Barnes, of Portland, for libel. The def.
made two unsuccessful attempts to get con-
tinuance to the February term, and was finally
defaulted
No. 55-State VS.. Benjamin and George
Leigh, larceny-plea, guilty. The former was
sentenced to ninety days in the County jail
the latter TO thirty.
No. 62-State vs. Luther Storer, of West
Bath, for forgery, was continued to February
term.
No 63-State VS.. Austin Cunningham
The deft. was convicted of stealing watch
from dwelling house in the day time, and
sentenced to three years in the State Prison.
He was ably defended by A. p Gould, and