The Portland daily press., 1864-08-06
Surname Judicial Court.

CRIMINAL TERM.--DAvIs, j., PRESIDING.
FRIpAY-William A. Mitchell, indicted for
keeping drinking house and tippling shop
( paid the fine imposed of 500 and costs.
On another indictment, for being a common
! seller. he recognized in the sum of 5000 for
I his appearance at the next term of the
| court.
William Mckenzie pleaded guilty to as
sault upon police officer. He was sentenced
to six months Imprisonment in the County
Jail. lie was indicted fo- assault with intent
to kill, but a mol pros was entered as to the
intent to kill. He got off cheap. j. O'Don-
nell for the defense.
On the indictments against the towns of Cor.
ham and Wlndham for bad roads, the plea OF
noto contendere was entered in each case.
Orders of restitution of property were
passed by court, in the case of Charles S.
Newhall who stole two fifty dollar treasury
notes from Louisa Il. Clough, and in the case
of John Wall who stole a large quantity OF
dentist teeth from DR.. Burr Turney,
Marcia Richards, indicted for larceny OF
goods from Woodman, True & Co. and others,
consented that the goods should be restored
to the claimants, and recognized personally for
her appearance at the next term of the Court.
NJ. ii. Il NJ. Smith for the defence.
In the case of State VS.. Henry A. Jones, Tor
obstructing Commercial street by loading
grain into the cars at certain hours, the Court
quashed the indictment for the following rea-
sons, as assigned by Judge Davis.
The word =" landed" applies appropriately
to the unlading OF goods from some vehicle
upon the mater. Though not strictly appro-
pirate to the delivery Of freight from railroad
cars, have no doubt it is used in that sense
in the City ordinance of 1853, page 22S, sec.
AZ; and / think it embraces all uRldding of
goods, however taken away, or whether taken
at the time. or not. Were it not for the
precise l think any unloading of goods from
the cars upon the northerly side of the track
would be unlawful. The design evidently
was, to keep the thoroughfare on the norther-
~ side of the track unobstructed by any de-
livery Of goods from that side OF the cars, for
the adjacent stores, or for any one else.
But as the larger part of the business and
travel upon this street is finished every day
by five O'Clock Z. II. in winter, and six and
half O'Clock in summer, for the benefit of the
stores on the northerly side, it was afterwards
pr0uided, in 1865, that after those hours each
day, cars might be unloaded on the northerly
side " into stores. The necessity and con-
venience of such privilege is obvious.
1t was also provided, by the same amend
ment, that during the same hours, cars might
be loaded from stores" on the same side of
the track. This provision was unneces-
sary. The previous ordinance had placed
no restriction upon the loading of cars,
upon either side of the track. Perhaps
there was the same reason for prohibiting the
loading, as the unloading of cars, on the
northerly side, except during certain hours
But If so, it bad been overlooked; and the
amendment, IN this respect was unnecessary
The complaint in this case being that the
defendant did load certain freight from his
store into the cars on the North Westerly side
OF Commercial street, before five O'Clock in
the evening, on the day named, charges no
offence. IL is therefore quashed.
Mr.. Jones conducted his own defense.
Margaret Wallace was put upon trial on an
indictment charging her with an attempt to
poison the family of Mr.. c. V. Bosworth on
the 18th Of January last, by mixing arsenic
with water in a tea kettle The circumstances
in the case were fully detailed in the Press at
the time Of her arrest and examination in the
Municipal Court. She was arraigned at the
last term Of the Court and pleaded not guilty.
]. III. Williams, Esq, appeared as her counsel
and NJ NJ. Butler, Esq, County Attorney,
conducted the case on the part of the State.
DR.. A. A. Hayes, State Asssyer of Massa-
chusetts, was the first witness called, as he
wished TO return to Boston in the morning.
The water had been sent to him to analyze,
and he stated the result of his analysis. When
tested with the presence of metals the fluid
presented the character of the solution of ar
senic. He applied such tests as were sufficient
toindcate the presence Of arsenous acids. He
mentioned the tests applied, and exhibited 10
the jury phals containing yellow and green
fluids-was also able to obtain from the yell
low fluid chrystalized arsenic. Had no doubt
of the presence OF arsenic in the water.
In the vessel which contained the water
sent to him there was little white matter de-
posted on the bottom. This he found TO be
white arsenic. In this solution there was one
grain of arsenic to 400 grains of solution
1900 grains in all. The water exhibited
small traces of lime and salts of soda-there
was that proportion of lime as is usually found
in hard water.
DIR. Ii. testified that arsenic was used by
ladies to some extent, on the supposition that
it improved their countenances.
DR.. II. T. Cummings, State Assayer, was
the next witness. He testified as to his anal
wing some of the water, and discovering the
presence Of arsenic. A paper was brought to
him from Mr.. Bosworth's house containing
two or three grains of arsenic, which was said
to have been found under the stove in Bos-
worth's house He used a portion OF this
powder in making his experiments, and pre-
served the rest, which he exhibited to the
jury.
Court adjourned to o'clock Saturday
morning.
THE AMERICAN INSTITUTE OF INsTRUC-
TON will meet in this city on Tuesday Aug