The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1856-09-26
Before Municipal Court Of Biddsford
on MONDAY srrf. q, 1856.
STATE vs.. AUGUSTINE ,HAfNES.


day OF last week committed an assault and
battery upon ono Benjamin A. Kenison, Of
Biddeford, land with having beat, wounded
and ill.treated the said Kcnison, against the
peace of the State &C." The complaint which
wassworn to by Benjamin Kenison, the father
Of Benjamin A., was taken by tho Recorder
Of the Municipal Court, Louis o. CoWan,
who has been acting in that capacity, in the
trial of criminal cases, since May q, 1856,
and the papers in tho case were made out on
Monday, and handed to Deputy Marshal
E. w. Parcher. the Marshal being out OF
town, for service. ........
As this case has excited some interest, and
the proceedings before the Court werc some
what unique in character, the report which
it is purposcd to give oft, will not be devoid
of interest to thosc who have iondness for
legal proceedings. ..
The Court was opened at 0 O'Clock A. NJ,
in the Court Room in Washington Block.
Until nearly eleven, the Recorder, who was
Acting Magistrate on the occasion, was on
gagged in examining and disposing Of cases
az inst several boys who had been caught
by the police in taking apples on the Sab
bath from tho orchard Of Tristram Hooper,
on Hollis road, near tho railroad crossing.
A small fine was imposed on the boys, which
was paid or RENTED, with the costs, and
the boys severally discharged with an adj
monition to Ego and sin no more"
At half past ten or thercabouts, the case
of Mr.. Haines, who had come in to answer
to tho charge, accompanied by VIM. p.
IIaincs, as counsel, was taken up and Mr..
Augustine Ilaines was informed BY tho Re-
cordcr that it had become his duty, in his
capacity as Recorder OF the Court. to issue
u warrant against him for an assault and
battery. The complaint was read and the
usual question put to Mr.. lIaines rs what
plea he should put in. Instead Of pleading
in brief to the complaint, Mr.. Haines pre-
ccdcd his plea with kind Of set speech, the
substance of which was that tho prosecution
was melted by some persons or person for
"ulterior Objects" foreign to justice, and
with design to make an exhibition Of him
before Court, whose judgement he could
not resrcct, and he did not propose to en-
tor upon any defence to the charge, in this
Court, but alter stating some OF the circum'
stances which gave rise to the complaint
should put in plea Of not guilty, anl the
Magistrate might make upa record of guilty
and he would recognize to prosecute an ap
peal in the Supreme Court. lie would not
crafty persons who had Interior objects in
0 fomenting this prosecution, by going into
; any examination Of witnesses here, but he
would say turning to the audience present.
J that there was defence to tho charge and
, it would 80 appear in the higher Court
He then turning to the Recorder said that
the young man, Ksnison, who was charg-
ed in the complaint with being assaulted,
: was in the employ Of the corporation Of
: which he had the charge. On Friday about
y twelve no heard q fro bell ring. On in
quiring he found that the young man. Ken.
!, ison, who was out Of the room unnecessari.
y ly, when it took place, where he was usual
8 y employed, was guilty. II was gross
3 violation Of the rules, and he removed the
= boy with some force from the mills. He in
tended to use force enough to eject him from
r the mills. and admitted that he struck, and
. used other violence towards the boy. lie
: said that he preferred to take the response.
y bility of putting tho boy out, rather than to
Q call the watchman. Ho was Agent Of the
!, Corporation, and there were some 800 op.
!. cratiyes under him, and an alarm OF fire
would have caused much trouble. He knew
: the object proposed to DO obtained by this
d prosecution, and what use would DO made
of it by some of trose who woro furnished
3 with their daily bread by the CORPORATIONS.
After remarks Of q similar character in which
dsparaging imputa ions were cast upon a
portion Of the people, and want Of confidence
> in the impartiality of the Court expressed,
: he said he would plead no, gully to the
l. charge, that there need be no examination
of the witnesses, the Court might find him
Q guilty and he would recognize to prosecute
an appeal in the higher Court.
= The Recorder stated the warrant had been
t issued after due investigation, and after the
magistrate had been satisfied by more than
: ordinary enquiry, that there was reason for
believing that thsrc had been gross viola
: ton of law, and that he had allowed the de-
PENDANT to 60 on and cast imputations on
, the motives of persons when perhaps he
should have stopped them. lie was sur
priscd, and he would take occasion to say,
9 that in the discharge of his Official duty he
knew Of no distinctions, should grant no
: special privileges, that before the majesty
Of the law. the rich and the poor were equal.
and that, had he consulted his inclination
rather than his duty. no perhaps should not
have issued the warrant. He was charged with
the responsibility cast upon him by the laws
and he would deal out even handed justice
} to the defendant. In reference to his pr p.
, osition he wished to satisfy hlmsslf a. to the
correctness Of tho course proposed, and to
tho extent which 1t was proper to concur in
It, and in order to give him that opportuni.
ty, rs It was near noon he would adjourn
tho Court to 9 l-2 p. NJ. Tho delft. then
demanded to give bail for his appearance at
the adjournment, and after some disagree
mcnt, the Recorder stated that It was un.
necessary as he would give the officer such
directions US would obviate any unpleasant
consequences to him, or would take the
word of tina def. u be preseut. The def,