The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-03-30
SUPREME JUDICIAL COURT.

CRIMINAL TERM-TAPLEY, J., PRESIDING.
IHURsDAY.-At the opening of the Court,
l. M. Hayes, Esq, of Boston, and Judge How
aru, counsel in the case of State VS.. F. o. J..
oini'n' TOR adultery, appeared, and the latter
asked the attention of the Court while he sub
mltted motion for continuance of the case
10 the next term. Judge Howard then read
long affidavit signed by Mr.. Smith, setting
forth the declaration that this DELAY is asked
upon no capriciOus grounds; that he cannot
safely go to trial at the present term for one
great reason, viz: that there are large num-
Der of letters and documents in the hands of
Judge Putnam, of Boston, which cannot be
got until his decision is rendered in case now
before him, and which are absolutely necessary
to the cross-examination of certain witnesses
who are understood to be brought forward
This was the principal point argued for the
continuance Of the case, though it was stated
there were others equally important. UJIE
MIR. Hayes in an able an eloquent argument
supported the motion, urging that serious inju-
ry would result to the defendant if the case
was now pressed for trial, without these pa
pers being present so that they could be used
County Attorney Webb stated that notice
had been given defendant some weeks before
the commencement of the term that this case
would be called up, and trial had if possible.
The case had been on the docket long time,
and had been delayed term after term, and the
demands of justice urged him to insist that it
should now he disposed Of g- gV
Judge Tapley suggested that copies of the
letters and papers referred to in the affidavit
of Mr.. Smith might be obtained, and, with the
consent of the County Attorney, be used on
the trial, which might be had next week. To
this the County Attorney assented, aad the
matter subsidized. -+- r-- tr-o m
About O'Clock Mr.. Smith, with his counsel,
appeared in Court, and Mr.. Smith stated that
copies of the letters would not serve his pur-
pose at the trial. The letters were in some
half dozen different hand writings, and it
would be necessary to have the originals in
the examination of the witnesses. He could
not consent to go to trisl without them, and
as they were in Judge Putnam's hands, it was
uncertain when they could be obtained. He
therefore wished the case to be continued to
the July term. II - 4 81 ~
Mr., Webb said nothing had been stated to
change the opinion, he had expressed in the
morning. ;vs.s ,niSln ~.
Judge Tapley declined to grant the continu-
| ance 80 Woo -s-'1'4 "a
Judge Howard then presented general de-
murrer to the Indictment, and the case goes
up to the Law Term in july ,..,...-..-n
The I'd Jury and the supernumeraries were
discharged from any further attendance.
The trial of the Brunswick school case
State VS.. Bennett, commenced Thursday ,occu-
pied all the rest of the day. The testimony
Tor the State closed in the forenoon. In the
afternoon Mr.. Butler opened for the defense,
reciting the facts he expected to prove, viz;
that the punishment was necessary and not
excessive; that the prosecutor was unreason-
ably bitter upon the accused, and had pursued
him without mercy; that the school was a
good one, and that this treatment of the boy
was necessary, since had shown open contempt
for the rules. "a JAG
A large number Of witnesses, including DR..
Lincoln, j. L. Tenney, Esq, Professors Smyth
and Packard, and many others, were examin-
ed to sustain the positions assumed by counsel
for defence. ------
The testimony for the defense being all put
in, Mr.. Webb called few witnesses IN rebuff
tai. This closed the testimony and the Court
adjourned to Friday morning. when the clos
ing arguments will be made.