The Portland daily press., 1885-10-24
SUPREME JUDICIAL COURT.
BEFORE JUDGE WALTON.

FRIDAY-Edmund d. Walsh VS.. Benjamin True.
Hon Libby for the defen ,1ad b ana Snage
session. with their arguments. Judge wal.
toms charge in the afternoon occupied about
o'clock and after being out twenty minutes the
Jury returned with verdict for the defendant.
Ills understood that they based their verdict
upon the point made by the defendants counsel
Of license unreyoked. 1t may be of interest to
state the testimony bearing on that point;
sa S9g The Men M M Was
Walsh standing in his stable door. Crib
ben told Walsh that he had reason to believe
premises. Mr. Walsh says, 81 liant; you have
the privilege to search here any time you have
mind to-"
81 went up into the wood yard of the plaintiff with
Mr.. Sterling Mr.. Walsh was standing near Dy
him; told him had information that he was
letting these fellows Occupying the yarney
house, store beer around his wood yard; he SAD
come to look here at any time you have mind
to- told him that had found small quantities
house: asked him if it was his; he said it was
not. he knew nothing about it. / told him |
Thought in the rear t looked to me as though
teams had been putting their stuff up through
that yard it could be rolled through the barn and
into the Varney house. He said he DID not Know
it if they had and was welcome to look there.
This is the testimony on the defendants SIDE on
the point of license. The plaintiff admits that he
did have some talk with Gribben and gave him
permission to examine a suspicious door !hdt
permission only applied to the then present time;
that. Sterling was not present, and that he never
gave the latter any permission or license.
Mr. Libby contended that Sterling was rightly
on the premises and Walsh made an assault upon
him before there was any Implied revocation OF
the license; that Walsh collared Sterling and
seized his jimmy that all he (Sterling( did was
in self defence; that for this assault Walsh was
rightly arrested by his brother the police omcer,
who, IT is true, released him wltnout Warrans u
there was any fault in the matter OF release
another was responsible for it and not he.
Judge Goddard argued ably and earnestly, not
only for a conviction but for exemplary damages
as a warning to other officers not SO to onend
He Insisted that even if the pretended license,
which was not true but an afterthougnt, was IN
fact given as the defendant claimed, that there
was a revocation Immediately on the deIenaanIs
entering his premises, and that the Defendant re-
NAMED to yindcate his courage quite while after
he was forbidden to search without warrant:
Judge Walton in his charge, treated the plain
tiff's complaint under three heads. ~ A Ires-
53) A false arrest. To the first complaint the IL
cense if gwen is a complete justification; It was
no trespass to enter. Upon the second point the
defendant does not justify an assault; ne says tne
charge against him is false That Is question OF
fact for YOU there is no law about it. The Judge
then read the statute authorizing arrests Wltnout
warrant in certain cases and said II the plalntln
had made an unlawful assault upon the omcer IN
the discharge of his duty, it was the right and IN
fact the duty of the deputy Sterlng) to arrest and
detain the plantiff till warrant could be pro-
cured but If he acted wantonly and oppresslyely
he is liable to make good the damage, The Judge
stated with his accustomed cearnesS the law rela-
tive to punitive or exemplary damages, Dut as tne
jury did not reach the question Of damages at all,
we omit any statement of that part OF his charge
G. w Goddard C. f. Libby.
Court adjourned to 10 a. m. Saturday, when the
case of Henley vs. the Cape Elizabeth Steam Fer
will he in order