Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-03-28

EHce2 Ii CV1t0Ath04 N tne 8A1s ~ ~ 49,
Of Representatives. on Friday, The s7sh
inst. ~ eleven o'clock in the forenoon
SEcosD-The president Of the 6enase
shah pfeside in the convention. and In the
absence Of the president Of the Senate, the
spssker Of th. House stsn preside.
THlzD-Tte petitioners may be heard b.
counsel. and the respondeas By himseR aad
BY counsel.
FouRrH-The same rzles Of eyideuce
shall govern ~ in the tTisl Of civil scsicrs
in, the Supreme judicial Court All depo-
sitions shah Be taken forthwith, bat 10
iepesiiicns shal, he admitted unless il is
shovn tia. the depcrert 10 unable to be
present. The presiding officer shah escia.
all questions Of the admissibiliiy Of evil
denee. and from his decision there shsil be
no appeal,
FIrTH-Nc debate whatever shall be
admitted in the convention.
SIxrR-No motion shall be submitted CT
entertained except to take Q recess to . time
certain or 10 Dissolve the convention. and
every such motion thali be decided without
debate.
SEvESrH-No person shall be admitted
to the floor Of the House exeeps members
Of the convention. the parties, counsel,
Witnesses. reporters for the press and the
officers Of both branches.
TIE secretary then read q copy Of the
service issued on Jndge Hamilton.
Mr.. Heath requested the entrance on the
records of the convention Of the names Of
Hon. J. Ii. Drunmond, Benz amin +. Ham
ilton, G. F Haley and himself - counsel
for Judge Hamilton.
ME-. Bradoury requested entrance on the
records Of the Appearance Of Hon. Osviiie
ID. Bfker ard himself as counsel for the
petitioners.
Mr.. Heath then fled the foilosing
motion:
STATE OF MAINE.
IS JOINT CONVENTION or THE
SENATE AND BousE OF RsrREsES-
rArIvEs, March -, A. ID. 1891. J
In re. the removal of Charles 8. Hsmil-
ton, judge Of the municipal court Of the
city Of Biddeford
And now comes Charles 8. Hamilton,
above named, and before making answer
to the statement Of csnses Of removal
red upon him and recorded upon the
Journal of the Senate, ssys:
FIRsT-rhat the first cause, as set
ont, contains statement OF more than one
offence, and save as to the first dste therein
alleged he has ro sufficient or reasonable
notice ard ia fact no notice whatever Of
the offences Of which he is accused under
said item,
SEcosD-Thst the fourth course alleges
more than one offence, and save IS to the
misiemesnor in etiiae sllege1 on the first
date therein named, he has no notice Whist
pf rhtiz 10 n
against him
TaIRp-Thss the fifth cause alleges
several effences all Of which should be
distinctly ard Independently syerfed. As
aIed, your respondent has no notice of the
oumber of offences. nor the time OF their
alleged commission, ssye only as to the
iist date thereia stated.
FoURTH-That tn sikh and seventh
causes, for the reasons above stated, give
your respondent 10 notice Of the INSIDE
mesnoIs Of which he is accused, go that he
nay prepare his defence. Wherefore,
inasmuch as the offences sought to be
alleged In causes first, fourth, fifth,
sixth and seventh are not in
heir nature continuing offences, but,
IN the contrary, are distinct, single
add Independent, your respondent says thst
they should be averred with such distinct
ness and precision that he may have rea-
sonable motto of the charges against him.
Yonr responden. prsys that the petition.
ers msy be order, d 10 forthwith file bill
of particulars Of the various offences
charged under canes frst, fourth, fifth,
six h ard seventh.
Signed CHARLES 8. HAMILTON.
Mr. Heath claimed that Che causes set
NJ in the resolutions were not such as to
give fair and reasonable notice TO the de.
iense The f-st cause in relation 10 the
appearance of the defendant in public in an
intoxicated condition, he claimed should be
ompsnied By a bill OF particulars. The
fourth course in relation TO Judge Hamil-
tons administration of justice in court
While 10 An intoxicated condition should
also be accompanied by bill of particulars.
The same Thing WAS true of causes h,
6ih aud It'll
Mr. Baker claimed the first charge WAS
alleged With all the precision OF Grim
iual ind c,ment At the same time there
was NJ obi &c i'm on the p,rt Of III, counsel
for the petitioners II giving the defense
the fullest information. Of cturse the
important thing in the case vas to get st the
facts, aud the dates, OF Inc offenses cns.eed
soul be ascertaiaed as nearly as possible
and furnished to the convention.
Mr.. Heath said tina. he only asked for
the selection in the causes Of certain
oumher of offences ard as close an approx
imsiion to the dates as possible. He simply
asked that the number of offences should
be specified in the bill of particulars and
he dates ior the same given as nearly as
pos -ible,
Mr. Heath stated thst in view of the
unspscifie nature of the charges the de-
Tense hsd 10. yet summoned witnesses.
The chairman Of the convention stated
that he would give his ruliog in regard 70
hese p'elininaries at the afternoon session.
If the convention should decide to adj 1urn
until that time.
The convention then adjourned until 2 80
p NJ.