The Portland daily press., 1873-01-22

take the liquors by replevin than commence an
action directly against you for trespass?"
told him had not. l would rather he would
commence an action against me, and then ]
could take care of myself in the matter. He
replied he should know what to do in the ere
ture. The next morning after the liquors
replevined, met Hall and asked him il he did
not know he had no right to replevin liquors
held by an officer on search aud seizure process
He said he did. L told him | wished L had
been there at the time. He said he wished to
God l had, for if had been there and objected
to it he should not have taken them. or if
Adams had objected he should not Hall also
said he did not leave the liquors until they
were aboard the Boston boat.
Cross-eXamined by Mr. Webb | am tho
person who made and signed the complaint on
which these liquors were seized from McGlin
| chy. had been informed by enc of my officers
that liquors had been taken out of this place
where the liquors were afterwards found, ovel
to McGlinchy's store on that morning. and
stated that to Judge Morris when procured
the warrant. l began to notify parties on the
LIST of April that 1 should enforce the liquor
law McGlinchy asked me if he stopped sell
ing if it would be safe for his liquors to remain
stored in the city, l told him it would, but if
he was not intending to stop, his liquors would
not be safe if could find them, and he said he
guessed he would send them off. The last OF
April or the first of May had a conversation
| with him in the corridor by my office. He came
to me with an envelope in his hand and appar-
OuoiS oouceuliiS LII IL, WHdU L ulu not see, and
said he wanted to make me present; that
used him gentlemanly, etc.
told him to put it in his pocket; did not
wish to be seen in that position; then asked
him why he had not kept his word with me U
had heard rumors that caused me to ask the
question: in regard to not selling. He said he
thought he could do something. He had not
sold great deal, and if / could ease up on him
he would do something pretty handsome for
me. Up to the time of the replevying of these
liquors my relations with Mr.. Putnam had al
ways been of pleasant character have had
no special ill feeling towards Mr.. Putnam since,
except one day in the court room here, had
some i'll feeling. L cannot say that / have any
feeling against him now, nor have since that
time.
Motthew adams was recalled by the govern
ment, and said that he did not see Mr.. Putnam
between the time Mr. Perry left the office that
night and the time Williams notified him what
was going on below.
William Dehan, truckman, was next called
by the government, and said McGlinchy en-
ployed him to haul 8 portion of these liquors;
that he came to him between and 3 O. clock in
the afternoon and said he should have load
for him. Dehan said he could not haul it then
McGlinchy told him to come to his store about
six o'clock, and he did so, and then went to the
City Building where they put on load of bar
rels for him, which he took to the Boston boat.
WAtdn, I'll. Dresser, Deputy Sheriff, was
called and testified to the proceedings that
McGlinchy's.
County Attorney Mattocks then said that the
government rested their case here-at which
point the court adjourned until afternoon.
AFTERNOON.
At the coming in of the Court Mr. S. c. Strout
opened for the defence, occupying one hour and
twenty minutes.
The crowded condition of our columns rem
ders it impossible to publish an abstract of Mr..
Strouts able remarks
Charles III Hall, one of the respondents, tes-
titled. Reside in Portland; in July last was
a coroner, and had been sixteen years. Gould
was the only coroner in the city then beside me.
On the afternoon of the 9th of July 1 was sent
for about half past five to go down to Mr.. Put
nam s office, and went down; had received no
previous notice that might be wanted; think
McGlinchy was not There when / went in, but
came in before left; was there but mo-
ment Mr.. Putnam recognized me and says 81
sent for you to serve precept; have not made
I'D nv mind vet what to do; hate to sue the
officer and subject him to damages; where will
you be in the course of half an hour?" 1 told
him should be at tea. He said by that time
he should decide and he would send the precept
down to my house, and l needn't come down
again. Mr.. McGlinchy never spoke to me in
any way, shape or manner Mr.. Putnam in
formed me he talked of bringing a replevin
writ for liquors but had not made up his mind
then. was at tea and McCilinchy brought a
replevin writ He simply passed me the writ
| and said he would go and get his team. l came
| up and was to meet him at the head of Ex-
| change street, and when got up there he was
not there, and waited for him in the barber S
shop. We entered the building by the front
| door,
While was at Putnam's Office he said il he
| made a replevin writ for me to go there and
take the liquors described and deliver them to
| McGEnchy, if no resistance was made, but if
| there was any resistance made, not to take
| them. made some objections about serving
replevin writ for liquors, and mentioned that
there was clause in the statute prohibiting it.
Mr.. Putnam replied that the liquors were lille
gally taken and they could be replevied. Com
ing from so high authority as Mr.. Putnam,
was satisfied and went about my business.
McGlinchy came into the building with me,
but no one else When we got halfway down
the stairway L saw the deputy marshal closing
the door to the liquor room. went up and
put my hand on the door, and he said /
| couldn't 90 in. L told him must and showed
| him my precept; he then left the door. They
went to rolling the liquors out, and looked
| over to see that they didn't get anything that
was not described in the writ. l did not read
the writ, except to read the description of the
| goods and look at the sureties on the bond.
| Adams came in there; didn't know OF his
being out in the corridor and stopping the men;
he came in and stopped McGlinchy as he says;
|
there; after l showed him the p"ecept he told
| me to be careful and not take any liquors that
did not belong to McGlinchys after the liquors
were all rolled out Adams pointed out the de-
feet in the bond, which was the first time had
noticed it; he told.me to be sure and have Put
nam correct it before made my copy; told
him would; the next day Mr. Putnam came
into my Office and called his attention to the
bond; he looked at it and said it could not be
altered without the consent of the suretles, and
| he should have to take it down to the office and
would return it in time for me to complete the
service: believe called on him afterwards
for the writ and he said he had not made up
| his mind whether he would have the service
perfected or Motif he did he would let me have
it in time.
Cross-examined After this trouble come up
| did ask Mr.. Putnam for something to Justify
me, as at that time had nothing in my hands
| no precept; never said anything to McGlin-
chy; have never received any indemnity yet
never told Mr.. Perry that knew l had nc
right to serve the replevin writ; what he states
is not true; Perry SAID if he had been there
they would not have got the liquors; said
wished to God he had been there; / told him ]
stated to Mr. Putnam that there was a clause
in the law forbidding the replevening of liquors
| and that Mr.. Putnam said the warrant was lle-
gal and it was no better than stolen property
and could be replevined; Mt Perry was very
him afterwards and when l said good morning
Mr.. Sheriff he only grunted. went down to
the Boston boat that night and looked the
liquors over again TO be sure that they had only
taken the right liquors, and to get a receipt
from McGlineisg' never said anything to Nc
Glinchy about the defect in the bond; Mr..
Adams was in my Office the other day and salt
he calculated to have us all in State Prison; he
said he never wasIeornered yet; never had any
quarrel with Mr. Adams nor Mr.. Perry. Pre-
vious to this if / wanted favor l would have
gone to Mr.. Perry sooner than any man in the
city.
Mr.. Putnam then took the stand, and his ex.
animation was only fairly begun when court
adjourned
BENEFIT BALL.-Lack of space prevents say
ing all we would like in regard to the Fluent
beneht ball this week. We trust there will b.
very full attendance, for the outlaws made b,