Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1855-06-20

erred upon them, and this must have an
important and controlling bearing upon the
'ase Win reference to the intention of the
1t must be borne in mind that
running through the whole casa is the uues-
ton of intention, in which if the Government
lali, 1t must fail in the case. There can be
no doubt, from the testimony. that Mr.. Dow
ana the other members Of the committee at
least supposed that this authority was con-
TERED upon them and that what they did in
ordering the liquors, they claimed to act as
a committee under that order. The testi-
mony OF Mr.. Carleton is clear upon this point
ne being more active in the negotiation
Tor the purchase than Mr.. Dow. He went
with the importer to the Mayors Office, and
there introduced him to Mr.. Dow, and the
bargain for the liquors was then concluded
by Mr.. Dow in his individual capacity,
but by the two, rs the committee chosen by
the Board of Aldermen, the other member
ofthe committee having previously authorized
them to act without him in the premises.
The liquors having been thus ordered, the
next oct, in order Of times, is their arrival
in this city. By whom brought? For whom
and to whom directed +? and to whom deliv-
cred? Upon this point the Government has
introduced Captain Peter GRAHAM of the
schooner j. c. Brooks, and be exhibits the
Bill of Lading, in the usual form to the
Portland Agency, Portland But counsel
has argued, that as no agent had then been
appointed, there was in fact no Agency to
deliver them to. 1t is true there was then
no Agent-but the fact that the liquors came
thus marked and invoiced, aud especially
when taken in connection with the prior votes
Of the Board of Aldermen, and the doings of
i fln (Dm milton 10 aona1uc U that If "
clearly understood by all the parties the
seller as we'll as the Committee-that they
were intended not for Mr.. Dow personally
to be by him sold in any way, but for the
City Agency, if it had been or should be
established.
These liquors having thus arrived at this
port, thus marked and invoiced, to whom
were they delivered? There is no evidence
that they were delivered to Mr.. Dow in any
capacity. The Government has declined to
offer testimony upon this point. All that is
shown to the Court, except what might be
inferred from other facts in the case, is that
liquors were taken by somebody and placed
In the room appropriated to the City Agency
whether by Aldermen Carleton and Brooks,
or Mr.. Dow, or by all jointly, or by some
other person, there is no evidence. In fact
the liquors are not traced to Mr.. Dow's pos
session at all, except by what may be infer
red from the part he took in ordering them.
Thus far, then, the court finds that the H.
quors were ordered by a committee, ore of
which was Mr.. Dow, claiming to act by au-
thority of the Mayor and Aldermen, for the
City Agency of Portland which the Board
had decided should be established-they came
marked for the City Agency, the Bill of Lad
ing was for the City Agency, and they were
( to1ap frnp, fbo uaeso1 ~ .rbooo - looo ,o4
appear in evidence, and deposited in the
room which had been appropriated by the
Board of Aldermen to the City Agency
Subsequent to the arrival of the liquors in
this city, but prior to the date of this COM
plant, a City Agent had been appointed,
and the officer ~testifes that he found these
liquors in his possession at this room thus
appropriated. These facts the court regards
as conclusive upon the point of intention at
least-showing that even if the committee
had exceeded their owe in purchasing
these liquors, Mr.. Dow, at the time of the
complaint, had not the possession of the IL
quors and had no intention of selling them
in violation of law.
From the whole evidence, the court finds
that these liquors were ordered bya commit.
tee chosen by the Board of Aldermen for thai
|, purpose-that they were ordered for the
Agency and for lawful sale-that they were
sent marked and invoiced to the City Agency
that they were placed in the room which, had
been appropriated for the City Agency, ant
found in the possession of the City Agent,
/ legally appointed previous to this complaint,
: From those facts the Court decides that they
\ were not kept by the defendent with an in
tent to sell in violation of law, and that he is
5 not guilty of the charge made against hin
in the complaint. 1t is ordered, therefore
o that he be discharged, and that the liquor
seized by the officer be returned to the Cit,
Agent from whom they were taken.
So it will be seen that Mr.. Dow was nc
y " the cause of the late fatal riot" as charge
Is by the Observers article-but, on the cor
n trary, a ~factious mob, led on by a spirit
n injure and assail a faithful public officer, OF
caSioned it. I'd. 1t is proved that Mr.. Do7
did not ego to New York and purchase tn
N liquors" as charged, and carry them t
Portland" Sd. He did not buy the liquo
at all. 4th. The legal tribunal of the Stat
has decided that Mr.. Dow's act was not "
Sc violation Of the law" but on the contrary h
IN acted only as a public functionary of the Law
"A and the laws of his State sustain him in i
I'd So that, upon the whole, it is one of the mo,
be bare-faced SANDERS, without a shadow
reason to justify it, that we have ever m,
OF with.
re
PORTLAND, Me-, June 18th. Neal Dow h
% made an official statement to the City CounC
49, touching the recent riot. He asserts that but f
y the measures adopted, tho city agency would ha,
been set on fire and the City Hall destroyed. II
no Board of Aldermen endorse the Mayors statemer