The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1890-11-15
THE DEFENCE OUTLINES ITS CASE.
The Aldermen Were only Doing Their
Duty,
AS They Understood II To se Laid
Down In Law.
the Theory Upon Which They Did
Their Work.

The Biddeford aldermen continued on trial
in the United States Circuit Court yesterday
At the coming in of court at o'clock, Geo.
E. Bird, Esq, was put on the stand to testi-
fy that as United States District Attorney
he attended the case of j. b. Gregory, who
applied for naturalization in February last.
This was the first of the naturalization cases
but that being rejected no record was kept.
Wilbur F. Lunt was the next witness. lie
testified in regard to the naturalization hear
ing of David Garnache on the Sth Of March.
He asked Garnache il he had been present
at the aldermen's meeting when the list Of
doubtful voters was presented to the board
ON the 9TH. lGarnaehe replied that hewas
present and had voted to lay 1t on the table.
He did not know exactly what the contents
of the paper were, or whether or not that
the names were illegally registered as voters.
The court at that time delivered quite
lengthy opinion to the effect that while those
persons who had heretofore voted might not
be prosecuted, any person in the future at
tempting to vote on the strength Of natural-
zation papers issued by the Biddeford court
would be liable to all the penalties Of the
law. Mr.. Garnache stood within few feet
Of Judge Webb when he delivered this opin-
ion and must have heard It,
Fred II. Goodwin, foreman OF the Bldde-
ford Journal office, called, identified the list
of aliens published in the Journal OF March
9TH.
George f. Sands, city editor of the Bldde-
ford Journal. next testified that on March
9TH, at about 3 o'clock, he received some
proof slips in roll from Mr.. Prescott. car
ried them to the aldermen's room and gave
them to Alderman Moody. He remembered
that Aldermen Moody, Yates, Piper and
Gordon were present In the room. He then
re-told the action Of the aldermen as testi-
fed by previous witnesses.
Eugene F. Lord of Saco eorroborated pre-
vious witnesses.
City Clerk Hubbard was recalled to pro-
duce the lists used in the city election III
March. On the lists he found the names OF
Baldae, Provencal. Belalre, Stanton, Thivl-
erge. Sicard and Beauregard, as
they came from the assessors. He had not
brought the lists Of Wards and 7. and could
not show the names Of Landre and Gendron.
The lists were introduced in evidence.
George f. Sands was recalled to testify as
to his presence at public meeting at Bidde-
ford City Hall on the evening Of March Z.
Hs thought that Messrs. Yates and Garnache
were present, but was not positive.
Charles Fl. Leslie, city editor of the Bidde-
ford Standard testified In regard to his pres
ence at meeting March 7. Objection was
made to the introduction Of testimony relat-
ing to paper alleged to have been read at
this meeting by Daniel Cote. as the defend
ants could not be connected with 1t. The wit
ness was excused and the government rested
its case, reserving the right to put In other
ward lists at later time.
Mr..Haley addressed the jury in opening
for the defence. He congratulated the jury
on the excellent chance they had had given
them to do justice In the case. He then re-
viewed the laws in regard to the registration
Of voters, and the action Of the aldermen.
He reviewed the Indictment and reminded
the jury that as the government had not In
troduced any evidence in regard to the post
ing Of lists in public places, as they had
charged. no attention should be paid to it.
He also reminded the jury that 1t would be
necessary for the jurors to be satisfied be-
yond reasonable doubt Of the guilt Of the
defendants Of the charge Of conspiracy be-
fore they could convict them. He then re-
viewed the whole naturalization difficulty,
and gave the history of each of the defend
ants, claiming that they had been upright
and honorable men for all their lives until
they were arrested on this charge. He said
that Garnache. on his return from re-natu-
ralization in Portland on the Saturday be-
fore election, repeated to many people the
opinion Of the court, and endeavored to dis
suade doubtful citizens from voting. He al
so claimed that Alderman Parcher received
an opinion from the City Solicitor to the ef-
feet that doubtful voters must be cited In
with their papers for approval on the 14th of
August, before the voting list was adopted.
The position Of the defence, Mr.. Haley said'
was that under sec. 6, chap. 4. Of the laws OF
Maine. 1t was the duty of the aldermen to
continue the names on the list until IL was
shown why they should be stricken off. and
the evidence of the advisability of such
striking off must be the papers themselves
produced by the voters upon citation before
the board. Continuing, Mr.. Haley said that
the aldermen saw the lists left by John f.
Goldthwaite. and knowing them to be anon
ymous and presented by nobody who could
be seen, could do nothing more than tc cite
In the persons whose names were given and
whose right to vote was questioned. This
they did In an open, public session, on the
four days session before election, when
they called In the doubtful persons.
He told the jury that on the 25th
Of August. Mr.. Garnache called meeting
of the doubtful voters and addressing them
in French told them positively that unless
they took out new and valid papers before
the September election their names would be
stricken off and they would be deprived OF
their right to vote. He then said tina. the
aldermen struck off $50 names from the list,
and that all who could get new papers, did
get them from the United States Court, the
Cumberland Court and others. and had their
names retained on the list. In short they
did their duty as they understood 1t.
The defence called City Clerk Hubbard as
1t first witness. Mr.. Haley conducted the
examination and put in the naturalization
the doings Of the aldermen at their four
days session In August was also put in.
There were 356 names stricken off the list at
the four days session. Changes have been
made on the naturalization book when new
papers were presented by adding the new
record to the old He had 1000 summonses
printed after a form prepared by the city So
licitor for use in citing in aliens. There were
more than forty errors on the proof slips ol
alleged aliens, which were discovered at the
time they we're brought in. A lengthy dis
cussion between counsel aud the court en-
sued following the attempt Of the defence to
put in previous lists, to show that the alder
men had been doing their duty as they un-
derstoOd it, until they received new light Dy
Judge Webb's decision, The court exciuuea
the lists on the ground that IL was not pei'i-
nent to the case.
Mr.. Hubbard resumed the stand d. sne W w
ari,,S, 81 A. .a,,rf l., tina afternoon. ho bco-