Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1881-11-15
LETTER FROM PORTLAND.
PORTLAND, Nov.

PORTLAND, Nov. 9.
10 the Editor OF the oxford Democrat:
The case of ~McAchoru v. O'Brion,"
which occupied the attention OF the Supe-
rlor Court In this city for about week,
was one Of the MIST exciting suits that
has been tried in Judge Boun,ys Court
Tor long time. livery inch OF the ground
was holly contestd upon both sides, from
The commencement Of the trial to the close
The business transactions between the
parties were subjected to the most search.
Ing investigation. in the examination and
eross-examination of the large number OF
witnesses who testified In the case.
The action being for false arrest and ma
hcions prosecution, the question OF probd-
DE cause aud malice OF the part OF the de-
PENDANT in commencing n criminal prose
cution against the plaintiff for the destruc-
ton OF the ready-made clothing and other
goods In defendants store on the night OF
October 18th. 1850, was the prominent is
sue. The plaintiffs counsel contended that
the theory OF Wormwcll, the detective en-
ployed by O'Brion. which seems 10 have
been adopted by the latter. as TO the man.
ner in which he charged McAchorn with
entering the store and cutting the goods,
was unreasonable and absurd on the face
OF it that the investigation instituted by
the detective wss not impartial, but got
up with special reference TO the conviction
OF McAchorn; that 0'Brion did not use
due diligence in investigating the facts
connected with the alleged offence; that
he neglected to communicate to his coun-
sci before the issuing OF the complaint and
warrant other facts within his knowledge
which te nded TO show the innocence OF
McAchorn; that the discharge OF McAhorn
by the magistrate, after full examination
OF all the evidence that O'Brion could pro-
duce, was primG i;lcie evidence OF lack of
probable cause, and that the conduct of o.
Brion toward McAchorn. especially in de
manding payment OF notes given him by
plaintiff before they matured and In taking
exclusive poss ession OF mortgaged goods,
before default OF payment, against the stip-
ulatiOnS contained In the mortgage. was
evidence OF malice on the part OF O'Brion
On the other hand, the counsel for de-
fcndsnt contested these positions, and con-
tended that O'BIion placed himself in the
hands OF his counsel. Me-srs. Black Il Holt
that upon the facts communicated 20 them,
In conjunction with County Attorney Kim
ball, they advised him 10 commence the
prosecutions IN at their advice was suf'i-
cient 10 shield him from the charge of want
OF probable cause in making the complaint
aud sabs, quent arrest and examination OF
McAchorn, and that this ncgatiyed the
charge OF malice. During the trial 1t was
ia evidence that McAchOru had, prior 10
the cutting OF the goods, arranged with s
prominent bus mess man Of Norway to FUR
nish him with the money 10 redeem o'Bri-
on's mortgage on the following Tuesday,
OBrion, who expressed himself pleased
with the arrangement.
large number OF specific rulings in
matters OF law were requested by the coun- /,
sci ;or the plsin,iff OF the presiding Judge, |
4 portion OF which were given and Others /.
withheld
Under the Instructions OF the presiding /
Judge, the jury returned a verdict for the /
defendant. IL Is said, when they first |
went out they stood eight FOR plaintiff and |
-four for defendant. Whether II was so, or /
II so. how II happened that the eight went
over TO the four doth not appear. The |
case goes forward 10 the Law Court on 4
motion for pew trial and exceptions.
John J. Perry and ID. \. Meaher for
plaintiff
A. A Strout and ID. X. Hastings for
defendant. LookER-oN.
Simmons, the sculptor, ha, just fnish-