The Portland daily press., 1884-05-01

behind the bar pouring ous the liquor at the time
but T was seen in and about there at srsnt tims
up to the day In which this seizure was made, about
noon. He had not been seen there that day, but he
was held for trial in the Municipal Court and aIe
pealed. That was on the 18th OF September. IN
the 18th Of October, or the 10TH am not sure
whch-the warrant states 16th-I went down 70
Cadys shop with Oficers Pride and Skillines In the
evening" without warrant, and We foHnd Harahan
behind the bar pouring out the liquor, and large
crowd in the shop. Cady there outside WITH
tho crowd. arrested Harahsa and locked him up
and kept him. This Saturday night, believe.
We arrested him and kept him until We got war
rant Cady came up and went before tina eoure
There was no trial. They waived examination
and gave bonds for appeal. just before II was time
for the January term of court Cady came 70 my
Office and desired to settle the two cases then pend
ing, and wanted me to recommend that by the pay.
ment Of one fine in each case there be discontinue
ance as to the other parties. After talking With
him, told him his evidence was weak in regard b
this case and strong in the other, and would not
recommend discontinuance as TO the Cady and
Wallace complaint, but in this one, II the Judge
had no objection We would settle IL for one 6ne.
saw the Judge the next morning and told him ssS
asked him what he thought we had better do, and
be thought with ne that we might a. well dscon-
tinue as to Cady. went with nim into the Record
er's office. The Recorder was there and Mr.. Leach.
spoke to the Recorder In regard TO the matter,
what had come for and no asked me II had
seen the Judge, and told him that had. and what
the Judge had said, and thercupon ho directed MT.
Leach his clerk, to enter the dacontinuAnee ~ %
Cady, and lot HArahan pay the ane Cedy there
upon took out the money and paid Hsrahans me.
Q-Did you receive any bride in that case-
Q -Didyou act In that matter corruptly or hon
Al acted honestly, and for what believed TO Be-
for the best interest Of all concerned did not BE-
heve that we could hold him, If we fought the case
up stairs, and thought might a. vsl settle 10
and get the money as to carry It up stairs and eight
1t there, and lose 1t in the fight.
Q Now it appears here that Sullivan and Cady
have four or i've men in their employ, What 10 the
effect of that in reference to banning the efforts Of
the officers.
A.-The result Of keeping many men IN their en-
ploy, having new man every day, Is that you are
bafied every time, while you get some liquors, yos
cannot md any one 70 prosecute. The same VIII
hold good with Cady. The result 10 have to go In
to the shop without warrant and take the man I
held and brought up.
Q.-The court holds in that case you san make q
complaint against anybody you md there.
Aft go without a warrant
Q.-But If your warrant Is against particular In
dividual, you can only hold that indiVidua7
Aft have a warrant against A. and / hnd b
there, cannot hold B. Not finding A, sannss
Marshal Andrews also stated that last fall Sulli
van and Cady were running open shops, and that he
proceeded against them and closed their shoPs,-or
Cady's once, and he thought Sullivan's; that he
never told Feensy that he might run all the week
If he would close on Sundays and at 10 O'Clock at
night, or anything of the kind. In tho OF the
warrant where the letter 81" was inserted In the
name Of Thomas ONeil, the warrant made 81
ABOUT O'Clock one SATURDAY aIsernooni mat No ~
very busy at that time, being Obliged 70 20 out -
the almshouse, and having other matters to consd-
er; that Judge Gould was Just going out OF the
court room with his oVercoat on, and that It %
CURED to him (the MarshaI that he should have Q
warrant for Tom ONens place that night; that
there had been complaint made In regard 20 10;
that he spoke to the judge asking him 70 wait
moment, as he wanted . warrant and that he
walked into the recorders office, getting . cora
plant on the way; that no sat down at the desk
and wrote the complaint and warrant hurriediT;
that he had always been accustomed to write them;
that tho complaint and warrant were all one piess
signed It, and went away; that after he returned
from the almshouse to the station 1t occurred -
him that 0'Neil had middle name, and tAat
ne did not have any middle name in the warrant;
that lac was DESTROYS the warrant should not fail
and he stepped into the once and looked into the
directory and saw that the middle letter VS.
"J."; that it was Thomas j. o'Nei instead Of
Thomas o'Neil, and that he then sat down at his
rant and that the warrant was afterwards served
The judge afterwards called his attention to 1t and
told him that he had not done right. and that
not to have done il; that he considered 1t techni
cal matter; that he had other things to do, and
would have to go to the west end Of the city some
two or three miles to get it changed No complaint
was ever made about the matter by Mr.. Hale, at
torney for Mr.. ONeI or BY Mr.. ONeil. The judge
told him that In the future when he made ont a
complaint to leave the warrant blank and that he
would make the warrants himself.
With reference to assembling the policemen at
the station for the purpose Of sending them to Old
Orchard, the Marshal said that that evening he
had received several urgent requests from the ckisf
ancs; that he declined to do It several times; thas
later in the evening he received q telegram from
the chief Of police there TO send him assstence bY
freight train; that he communicated with him By
telephone, and Again informed him that no could
not do so, as the o'clock freight train had gone;
that after some delay instructions were received
from Mr.. Furber in Boston to send out an extra
train, and that he collected sixteen men Of the
night force and one Of the day force at the depot 70
go out on the train, but that he after got dis
patch that the crowd had dispersed, dispers-
ing and that they were not needed, and they did
not 90.
Marshal Andravs +..+iAaa .h.4 a "a - A..
custom TO send policemen out Of the city to Old Or
chard. Lake Maranocook and at other places, and
that the action had always been commended. 1he
Marshal detailed the circumstances Of his follow
ing Sullivan TO Cape Elizabeth and his CONVEX
sation with him at that time; that he had always
endeayored to do his duty faithfully and honestly
az he could, and had never been reprmanded b.
either Mayor Deering or Mayor King.
On cross examination, Marshal Andrews said tha6
he was positive that Judge Gould told him he had
no against Sullivan at tho time OF the seizure
last summer; thatin the case Of Cady. whore dis
continuance was entered, he stated the facts 10
Judge Gould, and asked him what they had better
do about disseminating, and that the Judge thought
would be better 10 discontinue and take the mon
ey. Marshal Andrews said that he imagined there
might be three hundred places in the city Of PORT
land where liquors illegally sold. His report
seizure between Feb. 29th, 1883, and March LIST,
1884; that he had been more active this month AZ
ne mad determined to close up the largest and most
notorious places in tho city, and to keep 1t them
until they did close,
The Marshal was questioned a. to large nuxa-
ures, and stated that he had made seizure at the
shop OF Charles Mullen on Fore Street today. TAP
plause.
On redirect examination Marshal Andrews SAID
that he had never been requested by either the City
Solicitor or the Mayor to make seizures ~ any Of
the places that had Just been named.
In reply. to question by Mr.. Loonsy, Ar. An
sreTs said he (Mr Looney had urged him to enfores
the law alike against Republicans and Democrats,
| and that he replied that he should.
After the testimony Of the defense had been Bat
in arguments we're made by Hon. WIN. L. Putnam
| in behalf of tho respondent, and City solicitoP
Looney, in support Of the charges concluding 90
| about a. m,
At the close Of Mr.. Loonsys argument His Hones
took the chair and addressed the Beard ~ folevs,
In personal affairs men ind In the line Of duty
much that is perplexing, and are sometimes called
upon to the performance OF acte to ths-
selves, and often causing unhappness Co others In
the administration of public trusts, OF this
kind necessarily increase and should be more care
much more imperative.
Hardly had entered upon the performance II
the duties OF this office before meeting was called
by large number Of our most intelligent and infu-
entail citizens irrespective Of party. The rss-it
OF TINS meeting was the organization Of society
under the name Of Law and Order League a title
most significant in itself. Anon. 1 was waited upon
by committees from different temperance organina-
tons bearing resolutions expressing their gratinca
ton at the formation of this league and assurance
Il OF hearty cooperation and support. These move
ments so entirely novel and unusual In this eommu-
nifty, could only be construed by me Is a personal
1 testimony OF each member Of these organisations.
either to culpabe negligence in our police depart
ment, or want Of confidence in my administration.
Very soon complaints were made against the
| Marshal, some Of them Of very grave character.
| have given them what care and attention could
and have submitted the result in form Of reasons for
| his removal to you. l am aware that the maRni-
| tude Of some of these reasons far oyershadOWs
Others that some persons inclined TO treat ali
not positively criminal, as frivolous. This In nv
Judgment is not the consideration they deserve
You will all agree that there may be cases OF In
1 efficiency which are not criminal.
In this case you are not called upon to vote as to
whether every reason have submitted Is fully sus-
tanned by the evidence offered but whether from In
efficiency or other cause yen vote to advise and
/ consent to the removal Of BENJAMIN f. AndreWs
from the office of City Marshal, which / now re-
/ commend.
The chair then stated that he removed the City
Marshal and called upon the board for their advicv
| and consent In the premises
Alderman Gallagher moved that the board vote
| upon each charge. The motion was lost-5 to 2.
The vote on confirming the action of the Mayor
was then taken, and resulted to in favor of so
doing, Aldermen Hallett. Kelsey Deniso1 Hawkes.
and Noyes voting yes, and Aldermen Gallagher ana
Russell, no.
The announcement was greeted with Kisses and
cheers