The Portland daily press., 1869-09-08
Superior Court.

CRIMINAL TERM-GoppARD, j.. PRESIDING.
misunderstanding prayer by Rev. DE-. Smaller of
the First Baptist Church.
Anew grand jury was empanelled, of seventeen
members, one less than the usual number Charles
Staples, Jr., Government Inspector of steamboats,
and boilers was exempted on account of his official
character.
The charge to the grand jury occupied 40 minutes
in the reading,
The jures were organized as follows: Grand jury
Asa Berry Standish, Foreman; John G. Council,
Naples; Sewall Cloudman, Gorham; Charles Field.
Freeport; John S. Frost, North Yarmouth; Asa L.
Haskell, POwnal; William M. Libby, Bridgton;
Luke Moore, Westbrook; George Morrill,, Raymond;
Jus Mountiord Cumberland; Charles Preble New
oioucester; Joshua S. Roberts, Wndham; Joshua
L. sawyer, Yarmouth; Seth Scammon Scarboro;
William g. Soue, Portland; Charles Staples, Jr.,
Portland; John L. Swift, Brunswick; John j.
Thompson, Portland.
Traverse Jury-George F. Foster, Portland Fore
man; Paul G. Alexander, Harpswell; Nathaniel w.
Berry, Gorham; Ezra Bucknam, Falmouth; Jason
Cook, Sebago; George H. Crocker, Westbrook; Cor
don Il. Gardner, Cape Elizabeth: Silas Goddard,
Brunswick; David NJ Loring, Thomas W. o. Brien,
George A. Porter, Joseph H. Tucker.
Supernnmeraries-Dennis w. Clark Ed ward p.
Haines. Portland.
"
actions, POP cases.
The following are few salient points noted in his
Honer's charge to the grand jury:
There is reason to believe that the office of grand
juror existed under the ancient Saxons before the
conquest and it is expressly referred to by an act of
Parliament in the reign OF Henry H., A. d. 1164.
Private wrongs are then unlawful acts for which
theLegslaturc has provided only compensation in
damages to be recovered by the party injured in q
suit In his own name in the civil courts When ex-
percnce shows this is not sufficient then the State
raises the act into public wrong by ncting fur
Their penalty in the criminal courts. Illustration:
before 1860 fraudulent sale of mortgaged personal
property, without notice of the incumbrance, was a
private wrong Since that year it is crime punish
able with seven years imprisonment
felony Is a crime punishable in the State Prison.
misdemeanor is less offence ~
Three felones are punishable with DEATH treason
murder of the first degree in the night time
Six are punishable by imprisonment for life, viz:
Murder of the second degree, rape, robbery IN GER
tain cases. arson in the day time, burglary and the
escape of criminal convicted OF capital crime by
the connvance of his official keeper.
The penalties against the unlawful seller are yari
Gus and ample.
First, he may be indicted for single sale. u.
Second, if he persists he may be indicted as a COM
Third his premises may be searched his stock seiz
ed and destroyed or confscated, and the seller pun
ished.
Fourth, If he allows the liquor sold to be drank on
his premises he may be indicted for keeping drink
ing house and tipping shop. 4
Fifth all places used for the illegal sale of intox-
eating liquors are common nuisances and the keep
er may be punished by $1,000 fine or imprisonment
All these prosecutions may be instituted against
the same person at once.
1t was said of criminal court of the parent COM
monwealth, that it like the lions den in the IA
Bile, where the tracks all pointed way. Although
this remark of learned but unsuccessful counsellor
doubtless was designed reproach, it may well
have been in truth the highest compliment. For
such will always be the tendency where traverse jul
rors are faithful and intelligent the grand jury eau
tious, and the presiding officer wise and prudent.
No. 170-Sweetsir et al. v. Lucas. Assigned for
tomorrow "Wednesday A. NJ