The Portland daily press., 1871-09-23
Superior Court.
SEPTEMBER CRIMINAL TERM, GODDARD J. PRE-

sIDIAG
FRIDAY-Slate We. David s. Mills Indicted for
the iaceoy Of the steamer Victoria in October 1870
The aces III this case in substance were as follows:
1he d+ieadant was el gagged in the porgy oil busi-
mess, upon the Coast Maine, and was the owner OF
the Steamer Victoria. While lying at anchor in this
halbor come twenty wins sued out against III.
respondent AID an alleged partner for divers debts
ALI gsd 10 oe due from them. Upon these writs dep.
nty sheriff Aaams attached rhe Gamer and tut on
board Mr. walton as keeper, the master and crew
remalIng on board usual. Lats in the after noon
s'~e our weeks atteI wards, and while the attach
ments Were stl upon the vessel Mills went on board
aud ked the captain ii he would take the steamer
out e he ha Dor tnaT night and proceed TO New
fcrk, WHICH The captain promised to do. Prepsra-
tlons we're lmmed ely CONNIE need and the defend-
ant came hJre. his was about O'Clock in the
evening AT midDight ihs steamer went out of the
harpjf tthe Keeper slll board and pIotes ting
against tue remoVa) and proceeded on her voyage to
new YORK. but tencounterng severe gale she pul
mt ffo'incetowa, Mass, where she was found and
bfoug1t back to Portland
There was evidence that the defendant, alter com
ing ashore, went down 10 Custom House wharf an
watched the steamer get under way. There was also
evidence tnat The vessel mortgaged to parties in
New York to the amount OF $4,000.
The counsel Tor the prisoner contended among
other things that the defendant took the proper ty
under claim OF rght with no ielonious intent, and
Was tn retire not larceny; that ifit was larceny
LIE should have been indicted an accessory and nos
as pI ncLat, thal IT. at tue the steamer was re.
move Tie attachmen still su bssting and the
posse ession oI The steamer by the keeper, Walton,
Constituted valid possession by Ahe sheriff or depu
ty sheriff. the removal of the steamer with the keeper
aboard, was moi dspossession the sheriff or dep
up sheflH, and lor that reason was not a larceny
The question as to whether the defendant had OF
not ieop Gus inIent was left to the juty and up
on the other points the presiding judge luled against
the respondent. Verdict, guilty. Respondent ex.
cepts.
Mattocks. Putnam
Lane.
State vs. Grand Trunk Railway Company. Thi,
tndic msnt, was found at tho September Term
1870, against the defendant pany under the sec
80 ,hlp 81 o. the Reyis d Statutes, which provide.
taat ANY raroad corporation. by whose negligence
Or cAlelessness by ha OF its servants or agents
while enploged in its business, the lie of any per
SON, in the exercise OF due and diligence is lost
torfets not less than five hundred than fl v,
thousand dollars, 10 be recovered by indictment
found within one year, wholly to the use OF the
wlaow," &c.
The Indictment alleges that the company by theiI
care essness killed David L. Pulen, at Var
mouth, in August, 1870. Palien being passenge,
on the down train which stood on the further track
az Yarmouth got eff and went In o the DEPOT
Heard the conductor say Sail apJard" and started
Tor The train when as be stepped upon the track
the up tram wnch is alleged TO have been RUNNING
at gleGt speed, struck hun and injured him SO sever
Iy hat ne aed ia few hours.
The case was cnee tried aud excited great degree