The Portland daily press., 1873-01-23
The Conspiracy Trial.
STATE Is W. L. PUTNAM EFT AIS.

ct ais. Watiiam L. Pullman, testified. l have
been an attorney at law since November 1858
MIR. McGliEchy has been client of mine for
four or five years. l have not done great
deal of business for him III court although
have since in the United States and State
Courts. My business for him has been princi-
pally in relation to real estate transactions
Mr.. McGlinchy called upon me for my SER
vices in this matter. My recollection sthat
the first heard about it he came to my office
and told me the officers were there. 1t was a
matter that did not engage my attention at the
time and l said "Very well, all you can do is
to let them take what there is there" The
next morning, the case came on in the
Municipal Court and 1 appeared for him
in defense. have no recollection of see
ing McCue about the matter up to that time.
l knew nothing about the papers until
went into court. AS soon as they were re-
turned to the Recorder l examined the war;
rant, and then filed the motion which has been
read here, based upon this apparent defect
in the warrant. At that time there were no
other questions in my mind about the sufici-
ency and legality of the proceedings. In my
judgment the defect, if it was defect, was
fatal to the process. Whether that omission
could be supplied from other parts OF the war
rant had some doubts and still entertain some
doubt. / have never abandoned the purpose
of bringing that question before the supreme
Court for determination. Ihere was some
conversation about claiming the liquors and
the conclusion was reached not to claim
them. 1 had before had occasion to ex-
anime, as a matter of law, whether or not
the section of the statute in relation to
replevying liquors was applicable to cases
where seizure was made on irregular process
and my conclusion was that it did not
prevent the bringing of an action of
replevin where the proceedings were irregular
on the original warrant, and down to the 9th
of July nothing had occurred to weaken, alter,
or modify my views upon that question. AL
most Immediately after McGlinchy saw that
had discovered defect in the warrant he
expressed a very strong desire that should
secure his property for him. l told him in
stantly that he could bring an action of tres
pass quare ctauSnna or an
action of replevin. In the case of trespass
quare clausum that would subject the officer to
pay damages for the full value of the property
taken, as incidental to the trcspass, providing
we were successful. The action of replevin
would put 'McGlnchy in possession of the
liquors and under obligations to return them
if the Court should hold he had 10 right to
take them. About As hours after that we
had some further conversation about the sub
ject matter which was very short. At that
time no decision had been entered into
as to the proper course to pur-
sue except had decided that he could not
claim the liquors on the libel because would
not advise him nor allow him to make oath
that the liquors were not intended for I'M
lawful sale, within the State. McCue never
came to me to take counsel or advice to my
recollection. / don't know that I ever saw
Hoffman. Hall was not cognizant of these
conversations between McGlinchy and me.
The 9th of July McGlinchy came in and l
told him was so busy could not attend to
him. l told him that whatever did / wanted
some idea of the value of the property. I
think he came in again before
dinner and We had quite lengthy converse.
ton as to his rights etc. No other person
was present at that conversation. When we
separated had not then decided .swhether to
bring an action of trespass or replevin but in
the contingency that I might replevy advised
him to have his sureties ready. The great OBJ
lection to replevying the liquors, and SO told
MIN, was that they would be subject to
seizure on new process If found in the
state in possession. After dinner he came in
once or twice. did not decide to bring
replevin suit until after I saw Hall. The OBJ
jections that weighed in my mind against the
action of trespass was that the officers had
acted in good faith and I was reluctant to
bring suit against them for trespass
and had an idea that the action of replevin
would bring the questions involved directly
before the court without the embarrassment
of a trial by jury and if we were right in our
view that would be the end of the case, while
III trespass, if we were right, the damages
would have to be settled by the jury. If in
my view the proceeding on the search
and seizure had been regular I should
not have replevied them. At no
time did 1 form any different
intention than the original one to test the va
lidity Of these proceedings, and to determine
what might be McGlinchy's legal rights, and
considered the suit as one that might be sue
cessfully prosecuted and maintained. never
advised, counselled, or directed anything to
be done that | knew or believed to be
in violation Of law. My instructions to
Hall, and I think in the presence
of McGlinchy, were that in no event
was there to be any disturbance, and
if there was any resistance to the service
of the writ, not to serve it. Hall did not call
upon me for any indemnity or security for
serving the process, previous to the service of
the writ. made the writ and filled out the
bond and when passed it out of my hands 1
supposed and believed that the bond
was az iSocI OOuOiC tHc VdluG OI
the property alleged in the writ. There was
no intention or design in filling up that bond
at a sum less than the req uirements of law in
replevin bond.
The first knew of any error in the bond was
when Hall called my attention to it when
went into his office, about OF o'clock, and
after he had replevied the liquors as suppose.
think delivered the writ to McGlinchy after ]
made it; doubt if l saw the writ after it was
sigued by the sureties until l saw it again in
| Halls Office. Hall suggested to me that it
might be amended. / told him it could not be
| without the consent of the sureties. [ think he
told me that Adams suggested that it should be
amended. took the writ. did not go there
| for the purpose of taking the writ and suspend
ing further service; went in there to ascertain
what had been done AT the time took the
writ from Hall it occurred to me that it was a
pretty serious difficulty to get over. and I took
| the writ for the purpose of rejecting upon the
matter. retained it several days before made
| up my mind what course to adopt In the
meantime my impression is that 1 saw Adams
in the corridor of this building and spoke to
him about this defect and told him that'if the
defect in the bond could be waived would en-.
ter the suit, and his reply was, that situated as
he was he had nothing to say or ought not tt
say anything in relation to the matter. / am
| not positive that that conversation occurred
but that is my recollection. TheIwrit was final
| ly thrown into the waste paper basket. did
that because made up my mind that I could
not justify under that writ with that defect il
the bond. expected that McGlinchy would
be sued in trespass knew the officer might
be sued on his bond, but supposed the sui
would be brought against McGiinchy, as he wa
responsble-and in either event the question.
as to the validity of the warrant would be opcr
| to me-
1t never entered my mind from the time j
| was notified of the search and seizure against
McGlinchy until took the writ out of Halls
hands, nor was it talked of between McGlinchy
and me that this property should be got by
means of replevin writ and then the writ aban
doned; McGlinchy never asked me to adcp
such couse; had no interest in this except a!
| counsel and to do my duty by my client; my
| compensation was not to depend upon the sue
cess of the replevin suit.
1 did meet Mr.. Perry in the corridor of thu
| building a short time before this writ was serv
ed, as he states; did not see Mr.. Adams;
found the sherff's Office was open and wen
back to my Office; 1 went up there to ascertain
| if the office was open; on my return l went tt
McGlinchy and told him the sheriffs office wa.
| open and he must recollect distinctly my in
| structions about not proceeding against any re
| sistance; should have preferred to have had
| the writ served when the sheriff's office was
closed because 1 had personal anxiety that
| there should be no disturbance growing out OF
| it; 1 think was not at the City Building again
that night
| examined the qestion of liquors being re-