The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1855-06-08
MIR. D0W'S TRIAL.


MIR. D0w's TRIAL.
STATE VS.. NEAL Dow. This was an &C,
ton under the Liquor Law approved March
l6, 1855. II was founded on complaint
made TO the Police Court Of the City o.
Portland, and signed by Royal Williams
Joshua Stevens and Alvin S. Dyer, who
made oath tina, they had reason 10 believe
and did believe that on the second day Of
June, 1855, intoxicating liquors were KEEP
aud deposited by Neal Dow in the City
Hall building Of Poriland-said Dow no,
being authorized by law TO sell said liquors,
whereby the liquors became forfeited and
subject 10 destruction. and the said Dow Ii.
able 10 pay fine Of $40 and be imprisoned
30 days IN the common Jail.
The trial caused great deal Of excite.
men,. The moment the City Hall was
opened, the crowd rushed in and filled ev.
cry corner Of the room. Mr.. Clifford ap.
peared rs counsel for the prosecution.
Soon aler The arrival Of the Judge, May
or Dow appeared with his counsel, Hon.
VIM. P. Fessenjen. The Judge then read
the complaint, AMI the question Of " Guilty
or no, Guillyl" being put, he promptly
answered.
am not guilty"
Mr.. Clifford, counsel for the prosecution
requested iha, the Court would commence
the examination by re.examining the vii,
uesses who appeared a, the issuing OF the
warrani-iuasmuch as he had an insuiiici.
EN-, time for preparing the case.
The Court said i, was usual whenever
counsel were present, they should take the
Management, OF the case into their own
hands. There was no testimony in the ini
,iatory process beyond the statements o
the compainants.
Mr.. Fessenden preferred the usual course
would be followed, as the prosecution had
employed distinguished counsel who were
fully competent TO manage the case.
Mr.. Clifford a>sented-and called Depu,
~ Marshal 0REN RISG as The first witness
served the precep,, found the inoxica,
ing liquors described in the warrant in The
place specified.
received the warrant between and
o'clock p. NJ, on Saturday, a, The Police
Court room-l think j, was nearer 3 than
o'clock. There were present, MIR. VIII
liams and other compliments and scvera
others. | served it somewhere between
the hours of and 8, the same afternoon
about 1.2 past 5 o'clock. went into the
cellar, examined the packages and marked
them, as the frs, thing. Found no difficult
/ ty in entering the cellar. found Mr.. Chute
and Morris in possession Of the room.
seized the liquors a, tina, time. | let then
remain where found them. did not ex
anime the packages 10 ascertain what Ii.
quors they contained. found two lots
and 90, one OF them by copying from The
bill. | tried three barrels Of the las, lot
and satisfied myself they contained in,oxi
eating liquors-one | should Judge 10 b.
gin, one brandy and one wine. Some bar
rels had marks and some had not. The
two lots were in the same cellar on the same
side, abou, ten feet apart. Witness desig
mated the lots on the return. The first 10
were all in casks, and the casks were al
marked portland Agency, Portland, Me-,
on cards tackled on 10 each cask. The sec
ond lot was in casks, also, % in number
Of IS or Sc gallons each, with one large casl
OF 60 gallons. Some Of these had marks
and some had not. or the marks, two o
them were 10 Samuel II. Sawyer tive
10 AS. II. S." and two or three so indis,inc
that could not read them. arrested De
PENDANT abou, 2 l-2 o'clock this afternoon.
! [Mr. Clifford. Wont you please ament
your return TO correspond with the fact.
Witness. don't see that !, needs il.
Mr.. Clifford (,aking the return back).-
Oh, ah,-all right.
had no opportunity Of aues,ing him be
fore. There was no Partition between thes'
two lots.
Cross Examination. There were presen
when took the warrant, Joseph I. Mitch
ell, +. d. Little, Daniel Fox. ] canno
now recall the names Of the other person
in the cour, room. Mr.. officer Brady wa
there. Edward NJ. Paiten had been there
bu, had stepped out think. Within n hal
an hour or an hour afer took possession
Of the liquors, a crowd began TO assemble
around the City Hall. There were sevora
people there when frs, went there, but
wen, of and returned in about half or tire,
quarters Of an hour. had been in nearly
an hour before took possession Of The Ii
quors. applied 10 Mr. Chute for the bill
Of the liquors, and | made copy OF il.
Direct Examination resumed.
did not seize the liquors the first lime
because being new officer had doubt,
abou, seizing the liquors, not seeing Mr.
Dow's name on them. II was somewhere
between four and FIVE that I went Their,
first. | think was absent about three quar-
tiers Of an hour. Did not actually seize In,
liquors until I re,urned-and then, in abou
IS or 90 minutes. When l seized them
the Marshal was present, and no one els,
in the cellar. The las, time, was in III,
cellar 90 minutes or half an hour. Di'
no, make The return there. l remained IL
the cour, room nearly bali an hour ale
I received the warrant. The complainant
left in two or three minutes after the Judg'
handed me the warrant. went from IN,
cour, room 10 the Marshal's Office, and 20
NAMED there Is or 20 minutes; am no
positive about that. went into the stree
and met Alderman Carle,on--also ] saw
Mr.. Dow. There was woni or Two passeC
between me and two or three others. The,
were talking about this. Neal Dow iol1
me 10 do my duty. Then wen, TO the City
tAvency-,hink consumed about an houI
in all from the time Of receiving the war
ran, 10 entering the Agency. The Judge
and Recorder were presen, when len the
conf, room, and two or three Others. The
Marshal and some or 3 Of the policemen
were in the Marshal's Office. met Alder
man Carleton in the stree, near, or on Inc
steps Of the Government, House. ! mel
Mr.. Dow about the Government House
somewhere. am not positive whether II
was before or aiier went 10 the Agency
the first time that I saw Mayo, Dow.
JosKrH RxG, Alderman, called.
At q meeting Of The Board Of Aldermen,