Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-08-02
Interesting Law Cases.

Rescrpt in State VS.. John Hayes of Waterville
This argued at the Nav law term at Augusta
for the Middle District, 1881.
/. street may acquire by use as well
as by vote of the town in which il is situated. In
the former II may be necessary to prove by parole
testimony. In this case il does not Appear that the
street referred to in the indictment was named BY
vote of the town, that there is any record writ
ing showing its proper designation There was
therefore no objection to the introduction of the oral
testimony.
g The former COW lotion was admissible for the
purpose for which it was used, simply tending
show the intention with which the liquors were
kept in the building, if It first appeared that any
were so kept. State Plunkett 81 Me-, 534: State
VS. Neagle % Me-, f6S
B. The request to the presiding justice to rule as
matter of law that the testimony offered to the
name of the street was not sufficient for that pur
pose and to order a noue proseqai properly
refused. The first part of the request referred
question of fact for the jury and they have found the
evidence sufficient to support the indictment, and
have doubt their finding in that respect fully
justified The last part legally addressedtO the
discretion of the prosecuting officer, who in crim
nal case under certain limitations, has the power
enter none prosegn and not to the presiding jus
counsel are decisions in civil actions in which diff
fcrent rule prevails.
siding justice in respect to the testimony of Matthews
If the record of any trial involving the title to the
liquors referred to by him introduced evidence
in this trial which does not appear in the case. this
respondent was not party to and could not avail
himself of it, Nor is the title to that liquor directly
in question here. The incident testified to by Mat
thews, whatever may have been the results of any
prosecution for the forfeiture of that liquor.
with which this defendant connected and had a
bearing upon this 1t therefore proper that
it should be left TO the consideration of the jury to
the weight to be given to it, rs it was.
s. The force of Hills testimony was left to the
Jury and they expressly instructed that they
should determine the of the street from his
testimony alone but from his in connection with that
of the other witnesses whom they had heard.
g. The instruction in regard to Billiveaus test-
mony was correct. They told that the to be-
made of it 'if within the time covered by the indict
m V ms mai
lied to make any of it, if not within that time,
though even in that case it would have been compe
tent on the same ground, and for the same purpose
that of prior conviction.
:. The requested instruction that the defendant
must be acquitted unless his saloon was found to be
located on Main street sufficiently given. The
already shows that such location must be estab
lished by the government as a condition precedent
to his conviction and the jury must so have under
stood II.
Exceptions overruled. Judgement for the State.
The Law Court held, in a decision recently an
nounced of in Somerset County. tina the
supreme Judicial Court has original concurrent ju
rsdicton of cases of larceny where the properly
stolen is not, and is not alleged TO be- than ten
dollars in value, in all the counties i'm the state ex
cept Cumberland and kennebec. and in these the
Superior court has such jurisdiction. And that
police and municipal courts and trial justices in
cases where they find anything unus ually aggrava
ing in the circumstances Of the crime, that on
account of the necessity of protection for property
unavohlaby exposed, the punishment which they
authorized by Revised Statutes, chapter 49, Sec
ton J. inict, would not be adequate may properly
examine and bind over the offender to court which
has power te impose the appropriate sentsn Tor
any aud all larcenies of property not exceeding
800 in value, prescribed in k e. chap l2o sec.
BY his presence of mind, Mr.. Warren
Wight, baggage master of the Gardiner ac-