The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1864-02-19
Municipal Court.
February 10. 1864.

James Mason VS.. Haven A. Butler and ais
This was nm an action Of trespass ON tho case
for depriving the pltf. OF his right and priv
lege to vote for State and county officers Mt thu
last September election. The testimony showed
that the pltf was o FREQ Will Baptist minister
settled over society at North Berwick, and
that the defts. were the Selectmen Of the town
That the pitt. had resided In North Berwick
with his family since March Is, 1868. That on
the day Of the election (Sept. IL, 1867 he ap.
piled to the Selectmen, then In session, to have
his name put on to tho list Of voters. Thai
they refused, because. as they said, he did mol
apply before one o'clock In the afternoon. Tint
after the meeting was opened he again applied
to vote aud was again refused, because, as they
said, they had acted on his case. No persua.
sions or circumstances would suffice. He was
deprived Of his vote and LEFT the meeting. Sub.
sequently another party was allowed to vote
(who had been likewise rejected). and his name
put upon the list, because, IS they averred, the
watch by which they determined his case was
too fast. as they had ascertained. II appeared
that Butler, one of the detts., and the man who
proclaimed all the reflections, was q candidate
for the Office Of Representative to the Legisla-
ture from the Rep district composed Ia part OF
North berwick. That the town contains less
than 500 voters, and for the authority to thus
exclude the pltE Butler cited the net OF 1861 I.
the case. The defts. made no defence. The
judgment was for the pltf. and the defts. mp.
pealed to the next Supreme judicial Court y.
Geo. II Knowlton and Il p. Tapley for pltE |;
+. II. Wiggin for defts. rslol -rf +. 2r1 " q.
This case has on interest beyond that OF the
immediate parties to II, and involves rights re-
garded by many rs beyond estimate in dollars
and cents. and was brought to determine wheth.
er courts Of justice will sanction the acts OF Of
fcers who thus disregard the rights OF others.
Tho cnse was so clear that the Court had no
hesitation In rendering judgment for tho pltf
Had there been any excuse for the acts Of tho
defts., they would undoubtedly have presented
It. They chose, however, to run the chance Of
finding some miscreant upon the jury who
might, for political favor or other inducement,
disregard both law and evidence. end prevent
q verdict being rendered for pitt. Time will
show whether the jury system In York County
has become 30 corrupt that justice may DO
thwarted and bad men 60 UNPUBLISHED through
its influences. #, ssyIun 900. ..."
Las. week case OF considerable interest to
our foreign population was tried before Judge
Berry. II was ON action brought by Bridget
Banks against Ellen Rourke (both irish) for
the purpose Of yindicating the pitt Is "char-dk-
ter. supposed to have been damaged by words
alleged 10 have been uttered by Ellen, OF and
concerning the pln. The words imputed are
not inentiOnable to ears polite; It Is sufficient
10 hint that they implied that Bridgets chasti.
~ was not like Caesars wife--above suspicion.
Ellen, on the other hand, declared that she
''ncver expressed tho words" After long.
careful and patient hearing. consuming the en-
tire day and evening, the Judge came to the
conclusion that the words were not uttered; no
therefore rendered judgment Ia favor Of Ellen,
and that Bridget pay tho costs. The decision
appears to have been highly satisfactory to the
oountrymen OF the parties, and. as matter OF
policy (ssidc from the merits Of this particular
case, of which No know nothing. except from
the result), ought to DO to everybody. II Is TO
the credit Of our city that during the eight
years that Judge Derry has occupied hi: pres.
emit position, this 10 the only suit for sisnder
that has been entered in our Municipal Court
We hope It will DO the last. II encourage oy
the Court and attorneys, these cases would soon
multiply 30 that another judge would nave 70
DO specially commissioned to try them. Among
q population OF whom 10 many are Smpioyin
together In the mills lss were the part,sS 70 Inis
easel. and among whom na 'iy ~ o.b.,wi:s
frequently arise, L could hardly DC o!nerMse
than that little foo mueh freedom OF speeon
vonid .ometimes be INDUCED In; but no person
.vsr s.tshiishcd desirable reputation by APP
n.si. suocessful or otherwise. TO courts Of. ~.
ri.."tt Il he even tenor OF ones own conduct
a., ,sr alone establish Il Ia the end.
W" n. +. Mason for pitt; Tsplcy Il Smith for def.