The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-04-01
The JUDGE MADE A GOOD IMPRESSION.
Testimony Concluded Last Night In
the Hamilton Case.
The People Can Now Learn Some
New Liquor Law.
Another Chance for the People Te
Amend the Constitution.
Especial to the Press.l

ApoC5AAs mdICu Oh no ptUocCubAuh fu'
In the last of its witnesses In the Hamilton
hearing this afternoon and two of the three
witnesses gave important testimony regard
Ing the alleged actions at Kennebunk oi
Judge Hamilton and the two women, Ids
Greenwood and Rose Durgin, who have al.
ready figured prominently in the case. Their
Mr.. Heath opened for the defence. Mr.
Heath again told the convention that Hon.
j. 81. Drummond was to have opened the
case land, Mr.. Drummond being i'll. Mr..
Heath had been obliged to prepare his open
ing hastily. Notwithstanding this, Mr.
Heath spoke impressively, as he always does
1t was just IL when the convention Assem-.
bled and the petitioners called their remain
ing witnesses.
Miss Settina Chen of Kennebunkport tes.
tilted that there was at Kennebunk an hotel
known as the Mousam House. The witness
horse trot at Kennebunk. She had been en-
ployed there as a waitress. She saw Judge
Hamilton at the hotel on the day Of the horse
trot, during the afternoon. He was accom-
panied by two youg ladies and small boy.
She heard the ladies called Rose and Ida, but
at the hotel all night. Only the two women
were at supper. Judge Hamilton was sick
in his room. The party were at breakfast
the next morning. They came to their meals
after most Of the boarders had left the din
ing room. The two women were assigned a
room adjoining that occupied by the witness.
On the second day of their stay the two
young women went away with the boy, car
rying him to Biddefoid and returning with
out him. The two women and Judge Ham,
ilton remained at the hotel two nights, leav-
ing on the third day. During the evening of
the second day Mrs. Sawyer, the landlady,
called Miss GheD's attention to the occu-
pants of the room next to that Of
the witness. Mrs. Sawyer and the
the witness went into closet. which was
situated between the room occupied by the
women and the corridor. The closet had
doors opening into the bedroom and the cor
ridor. Looking through the keyhole Of the
inner door. the witness saw Judge Hamilton
and the two women In the room. Judge
Hamilton and one of the women were only
partially dressed. Late In the night the wit
ness was awakened by noises from the room
OF the two women: She heard Judge Ham,
ilton say, "Rose has been drinking that rum
wake her up; she's drunk" The witness
also heard one Of the women say, in reply to
question by Judge Hamilton If she knew
him, "Yes. you're Judge Hamilton of Bid
Mr.. Heath asked only few questions on
cr0ss-examinati0n, the witness, IN response,
saying that she had told this story only to
her mother and the officer who summonsed
them.
Fred q. Page, who, at the time Of Judge
Hamilton's visit, drove hack for Mr.. Saw
yer, proprietor of the M0usam House, testi-
fed to the movements of Judge Hamilton.
the two women and the boy. BE drove them
to the hotel in his hack, and assigned rooms
to the party. The witnesses testimony on
this point corroborated that of Miss Chen.
Judge Hamilton entered the hotel he "wab-
bled" as he walked and appeared to be in
toxicated. His breath smelled of liquor
On cross examination the witness said the
boy with the party was apparently IL years
old. The witness, so far as he knew, had
never seen the boy on any other occasion.
James w. Small, a deputy sheriff, testified
that the subpoenas were given to him for
service. He had made diligent search for
Ansel Hamilton, Ida Greenwood and Rose
curiosity, his impression being that her
name was not in the list given him. He had
also notified Mrs. Sawyer of Kennebunk
that her presence was required. Mrs. Saw
yer told him that In the condition, of her hus-
bands health she did not dare to leave. Up
on his arrival in Augusta last evening, the
witness, by direction of Mr.. Baker, tele-
graphed to Mrs. Sawyer, that she must come.
In reply he had received kilograms both from
the lady and her husbands physician stating
that In Mr.. Sawyer's state of sickness, Mrs
| Sawyer could not leave her home.
On cross examination the witness stated
that he understood that Ansel Hamilton die
not want to testify and for that reason he
had not searched for him at his house, be
lieving that he would be more likely to find
him on the street. He did not know thai
Ansel Hamilton was around Biddeford al
day yesterday. He had made diligent search
for Ida Greenwood, but did not know hel
address.
rnis closed the testimony for the petition
ers and Mr.. Heath then opened the case on
the other side. He said:
| Now Mr.. President this is the first time, ]
believe. in the history of the State of Maine
that under this clause of the Constitution
questions of fact have been submitted to the
legislature. This method of procedure we
| ineerited from the parent State of Massachu.
setts, and she in turn inherited it from the
| immemorial usage of the British Parliament
In the seventy years of the existence OF
| been brought before the legislature under
| this clause of the Constitution. We all
know, as a matter Of history, that thirty-ive
| years ago this method was used to depose a
| member OF the Supreme bench Of the state
but in that case there was no issue of fact
and now. after party feeling has died out, we
| may say that there was no issue of law. II
was proceeding to put out of office talen
ted judge who had the courage of his convic
tions. 1t Is unfortunate, therefore, that the
legislature has no precedent to follow ID
this case. 1t is serious question how far In
| such matter 1t should devolve upon the
legislature to inquire into the private life oi
its civil servants. 1t is also. perhaps, un-
tion governing this procedure was not drawn
| more carefully.
There are some peculiar features about
this case. There is nothing In the case oi
the other side to show that up to two years
| ago during all the seven years that Judge
Hamilton sat upon the bench he was aught
but fair, impartial and capable judge.
Mr.. Heath spoke Of the Importance of the
court, its powers OF concurrent Jurisdiction
and the great number Of causes heard before
1t. But now no one Of all the thousands who
had been interested in cases before the court
and conduct Of Judge Hamilton. Judge
Hamilton was man of good legal training,
well versed in his professian ard as the small
number of appeals from his judgment would
So much for the public side of the case
| Now what do we find against it, The charges
| of misdemean0rs In Office rs filed by the pc
| titioners were certainly serious ones; They
Indicated that tS he had & provided officers s,oa q
constituted machinery by which the court
could be run without the assistance Of the
| judge. The evidence In support OF these
charges made them appear trivial indeed
| The speaker believed that they had been put
writ He believed that they were prepared
| with view Of indicating that Judge Hamil
| ton had become SO addicted to the habit Of
| using Intoxicating liquor that he was incapa
| BILE of himself doing his business. 1t repre-
| sented the bitter factional feeling In Bidde
| ford, and the bounding to which Judge
| Hamilton had been subjected by those whit
| wanted to get him out Of Office In order thai
| they might put in a creature of their own
| kind. Instead Of blank warrants being CIV
| en- to officers which might be used to the
| danger of the liberty of law abiding citizens
| the evidence of the petitioners showed tina
| these warrants were all directed against
| corporation and were issued In blank be
/ cause they were for use in the night tint
| and this signature then would have been In
convenient. 1t might be technical offence
but that was ALL.
Now as to the matter OF iDtoxication,
have this to say to the convention, do moi
believe that after all the evidence Is In. th
convention will believe that Judge Hamil
ton ever sat upon his bench In state of In
toxication. 1 do not believe that the con
vention will find that hellwas seen intoxi
Gated on the street. Judge Hamilton will
tell the convention In his own way that IL
the last few years he has used liquor to SOM
extent but it will be proved that the charge
OF intoxication as brought forward by tn
petitioners are not true. The first charge o
intoxication is that Judge Hamilton on tn
day of the municipal election In March, 1896
was seen publicly under the influence of II
quor. We shall show by witnesses, although
the burden Of proof is not on US, the move
ments OF Judge Hamilton from early In tn