The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-10-22
SUPREME JUDICIAL COURT.
BEFORE JUDGE WALTON.


WEDNEsDAY.-Edmund D. Walsh vs. BENJAMIN
True. This is an action against the Sheriff for
the wrong doing of his deputy, Seth Sterling. The
plaintiff says that on the oath of last June Ster-
ling, under color of law without any legal war
rant or process, came upon his premises, No. 10
Pleasant street. Portland, occupied by McCue
and himself as wood and coal yard, and opened
the blinds of house on their premises; that he
afterwards struck the plaintiff, caused him to be
arrested and brought to Myrtle street in the vcin
ity of the police station, and then ordered his dis
charge without trial or hearing. The plaintiff
lays damages at $500.
constitutional ground that this attempt to search
without a warrant was in direct conflict to amend
ment of the Constitution of the United States,
and to section 5 of the declaration of rights OF
our own State. He says that the officer being
there without warrant and attempting to make
whatever. True, the statutes of our State, chap
ter 81. section &c. allowan officer to seize liquor
That statute pre-supposes that he is legally on
the premises and the liquors are present. Section
40 of the same chapter authorizes search and
seizure under warrant, but no authority what
ever can be found for an officer TO search prem
ises without any warrant and without the consent
of the person who owns or occupies.
After the evidence for the plaintiff was out
Hon. C. F. Libby made the opening statement for
the defendant He did not seriously controvert
the constitutional positions taken by the plain
tiffs counsel but says that the testimony of the
defendant will show quite a different state of
facts; that large brick house known to fame as
the Billicoblink house, the same street and
adjoining the premises of McCue and Walsh, is
and has been for time beyond his legal memory
kept and resorted to for the sale and for the drink
ing of intoxicating liquors; that they not only use
their own premises in this way, but their business
overfows on to their neghbors, and the plaintiffs
wood pile has been used as place for the secret
ing of liquors; that on account of this state of
facts the defendant Sterling, and brother
officer Benjamin Gribben, together went some
time before the month of June, to the plaintiff,
told him of their suspicious and gave him some
wholesome advice; that the plaintiff at once said
to the officers, "YOu are mistaken, and at any
time you want to come here and search these
premises you are free to do it." Acting upon this
license, the two officers had frequently visited
the premises in the plaintiffs presence and with
out his objection and looked around as much as
they liked that this was standing license, good
till revoked that they never had revoked it up to
the time OF this alleged assault. True, the de-
PENDANT looked into this little, old, dilapidated
tumble-down building, dignifed by the name of
house, but unoccupied by any family as a dwell
ing house; that he undertook to open the blinds,
when the plaintiff laid hands upon him and shut
the blinds again; that there was no assault upon
the plaintiffs person; that the plaintiff undertook
to take from The defendant his jimmy; that in
fact it was not the defendant who assaulted the
plaintiff, but the plaintiff who assaulted the de-
PENDANT.
The case is one of novel impression and excites
much interest. This report intends to give each
side the benefit of their strongest statement
awaiting more full report after the jury bring in
their verdict.
Adjourned to 10 o'clock Thursday morning.
when Mr.. Libby will introduce the evidence on
N a