The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-02-05
Superior Court.
HFFoRE ,JUpGK BONNIE

SATURDAY.--At this term of the court Mary Gar
ing alias Madam Lopez was convicted upon two in
distments for keeping and maintaining nuisance
Oh two separate periods OF time within the last two
Year,. The indictment contained the allegations in
enc count, that the house nuisance in that it
was used for the illegal sac and illegal keeping of
Intoxicating liquors, and also house of i'll fame
Cpon the trial of the first in lictment one George
Souls the only witness who testified to patron
sy,n tho house under both alega ions in the indict
mani. t,xo others testifying that they saw Soule
there and that they purchased liquor of the defend
ant.
sonla taat,aad tbst he was there January 21st
ana ead 1892. that h recolected the date because
n. .s,,ad from po.ton on the Esd as master Of
vessel called the sswinsed L inter" for San Fran
cisco: that he left the vessel in San Francisco and
eAme back overland, arriving here sometime In Au-
gust last Upon the second indictment 'nls same
Soule testified that he went to the res 'ohuehs
hon tw evenings in succession about the n 'udis
Of Last Sept smber; that he bought whskey at eac"
tie Of the respondent, and also testified to acts,
which, II true, would convict the respondent upon
the second allegation in the Indictment Outside
Of soule's testimony, the evidence against the de-
PENDANT practical amounted to nothing.
Two or three days after the rendition of the yer
diet Mfr. Hadlock and Mr. Townsend, counsel for
the defendant, filed motion for new trial on the
ground of newly discovered evidence which. if true
wuud show the witness to be liar and a perjurer.
Saturday testimony produced satisfactory to
the Court and the County Attorney, showing that
Souls was not and new master OF the wing
"a Hunter, that at tho time he testified to bel at
respondents house in January, 1882 he was second
mate of the brig Ada L. White on a home voyage
from Cuba. he was, however, in Portland one week
later. Blu it was also shown that he sailed on the
bark "Bsylston'' from this port, seco. mate in
April, 1882, on voyage to South america and did
mot return to the United until the latter part
OF December and therefore, his testimony about the
transactions at defendants house in September,
1882, was absolutely false.
Judge Bonney said he should set both verdicts
Assds and grant trials; that, although there was
ether testimony than Sous's in the first case. evil
eaee of the illegal sale of Intoxicating liquors du-
ring the period covered by the indictment, still he
could not say that the jury found the respondent
guilty upon that allegation; that the case was so
tainted with the infam Dus testimony of Soule that
- could allow verdict stand based upon ev-
Il tsnce Of which such testimony formed part, and
he did not propose that persons guilty of perjury
or she subora .tien Of perjury, should have any
ham siu the adn6astraton of the criminal or civil
Law in this Court ii he could prevent it.
Con nty Attorney Combs said he had been grossly
seeeiy "a and imposed upon by Soule. and inasmuch
as the indictments were based largely upon the tes
tiony of Ssule before the grand jury he should en-
tar n<1 pros. as to both.
Mr.. Cpombs immediately had warrant issued
against Souie upon complaint for perjury.
The january term adjourned finally. The Feb
ruary civil term with one traverse jury in attend
ance, begins Tuesday morning.