The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-03-20
SuUeriQr Court,

MARCH TERM, BEFORE JUDGE sYMoNDs.
WEDNEsDAY.-Albion B. Gee VS.. Frank G. Patter-
son. Action to recover damages caused by an Illegal
arrest and false imprisonment. Damages claimed
$4,000 Plaintiff is dancing master and resides in
Bridgton.
Under our statutes person can be arrested upon
an action based upon contract unless the debt is
ten dollars and the creditor, his agent attor
ney, makes oath before justice of the peace that he
has to believe and does believe that the debtor
is about to depart and reside beyond the limits of
this State with property of his own exceed
ing the amount required for his immediate support
and that the demand or principal part thereof amount
ng to at least ten dollars is due to him.
In December, 1872, the firm of George r. Davis g.
Co.. of which the defendant is member, having a
claim against Mr.. Gee for the rent of the Army and
Navy Hall which, however, was disputed by Gee.
brought suit upon it and Patterson made oath before
ajusce of the peace that he had reason to believe
that Gee was about to depart and reside beyond the
limits of the State etc. Upon that writ Gee was ar
rested at Falmouth, as he says, in the evening Just
as he had left the tea table, and proceeding the
hall where he had collected large number of schol-
ars to whom he was to give instruction in dancing
He says he offered the officer and member of the
Army and Navy Union. who was with the officer and
who was Interested in the claim good security if they
would allow him to proceed with his school that eve
ming, but they refused and took him in an open wag
on to Portland and lodged him in Jail. They did Of
fer to release him the payment of one hundred dol
lars in cash and the balance (something over four
hundred dollars) in note; this Gee refused to ac-
cede to- saying he did not any part of the claim.
Gee says he resides in Brdgon and has resided there
for eighteen years continuously; that his wife owns
house and lot there's that he never said to any one
ba Infant
to reside, and claims that the oath taken by Patter
son was false, and that he d not the slightest
grounds for believing it to be true
The defendant testified that at the time he made
tfe oath he believed it to be true; that he did not
know where Gee resided, and could not find out that
In April previous Gee told him he was going away
somewhere out Of the State to look up business
that dnring that summer he knew of his being at
Concord and at the Glen House a carver at hotel
but did not think he was making his home there.
When asked to give his reasons for believing that
Gee was about to leave the State to reside the de-
PENDANT was very indefinite and not able to give the
name of any person that had intimated as much to
him.
In rebuttal the plaintiff introduced letter signed
by the defendant in which he threatens Gee, If he
don't pay the demand, he will keep his track until
doomsday; that he knows all his past history, and
that in the long his firm generally get even with
such persons.
The jury returned verdict for the plaintiff asses
ing damages at 5000.
Strout g. Gage for plaintiff
Bradbury & Bradbury for defendant.
This being the last for the jury this term they
were excused finally.
At the coming in of the Court tomorrow Uhurs-
day morning at ten o'clock, assignment of Court
cases for this term, and of jury cases for the April
to- m will be made. Members of the bar are request
ed. not only to take notice, but to be present.