The Portland daily press., 1891-03-28
JUDGE HAMILTON ON TRIAL AT LAST.
The Opening Session Of the New
Legislative Court.
thing;0ArraIgrment Made BY
Lawyer Bradbury.
Witnesses All Tell the
Same Story.
Especial to the Press.1


AUGUSTA, March 27.-The long-looked for
trial of Judge Charles S. Hamilton Of Bidde-
ford opened this morning.
At 11.25 President Libby Of the Senate
called the convention to order, and directed
the messengers to clear the floor of all but
those specified in the rules Of precedence.
Secretary Dunbar then read the resolutions
containing the charges against Judge
Hamilton.
Secretary Dunbar then read the affidavit
of W. s. Hasty of Saco that he had served
the papers on Judge Hamilton.
Hon. Herbert NJ. Heath Of Augusta said
that he desired to have the secretary enter
upon the records that j. Fl. Drummond,
BENZ. f. Hamilton, George F. Haley and
himself represented the defendant In this
case.
j. o. Bradbury. Esq of Saco said that
Hon. o. ID. Baker and himself represented
the petitioners In the case. He said that
owing to severe cold he would ask the con-
vention to continue to 2.30 this afternoon.
Mr.. Heath then filed motion In behalf of
the defendant asking for bill Of particulars
of the particulars of the charges contained
In the first, fourth. fifth, sixth and seventh
counts.
Mr.. Heath said he did not file this motion
fendant should have suitable knowledge of
the charges against him. The petitioners
had asked for continuance till 2.30 to
which he would offer no objection and as
they were doubtless perfectly familiar with
the case they could in that time prepare the
causes as asked for in the motion. He asked
that the defendant should have the privileges
awarded the rights of the man on trial for
the pettiest action on the pettiest count Of
the jurisprudence of the state. On a
certain date charge is made, but the
other specifications are general, with no
time defined.
Hon. o. d. Baker said the counsel would
be glad to give all information in their pow
er. He believed the first section was as full
as in many criminal indictments. The i'm
portant thing to get at here Is the fact, and
not the dale of the fact There are many
witnesses who would remember the fact Of
intoxication for instance, but could not name
the exact date, but merely approximately.
Mr.. Heath said he only asked that they
should select a certain number of dates and
the number of offences should be specified
and tnen proved.
Mr.. Baker said that he did not know as
there was any objection to granting the mo-
tion.
Mr.. Heath said he had not summoned a
witness, as he could not tell what charges he
would have to try and disprove.
The president said as the counsel for the
petitioners had asked for continuance till
2.30. he would not act on the motion till that
time.
The convention voted to grant the request,
and then adjourned till 2.30.
AT the afternoon session counsel stated
that the matter of the ruling asked for at the
forenoon session might be SO far as they were
concerned postponed for the present The
counsel had also effected an agreement by
which the bill particulars would be furnished
to the defence.
Mr.. Bradbury then opened the case for the
prosecution. He said in substance:
The fathers provided way by which a
man who was not proper person to be
member OF the state might be removed. Un-
der this provision we are here today, not
with any personal feeling, to decide
whether these charges are true for Judge
should be above reproach in his private life.
Ii these charges are not true, then 1t is only
justice to the respondent in this case to in
vestigate the accusations and prove their
falsty.
Mr.. Bradbury then described the import
ance OF the Biddeford court, explaining its
concurrent jurisdiction In certain cases,
which made its conduct matter Of interest
to every citizen of the State.
NOW, gentlemen, under resolve action Up
on concurrently by your two bodies, you are
mere, and after hearing the testimony on one
slue ana the other, you are, as the highest
court In the state Of Maine, to decide Wheth-
er the respondent is man whom you want
20 sustain as member of the judiciary.
Yours is the responsibility. The eyes of the
POoPAo VI Anaihc aiC uPon yOus IOu are
about entering upon one Of the most import
ant duties of the session.
You will have evidence presented to you
that the respondent in this case has been
seen intoxicated and has also been sesn in
that condition on the streets of his city,
manufacturing town. The witnesses
may not be able to to tell the exact days
when they so saw the respondent
yet they will do so approximately and as
nearly exactly as could be expected under
the circumstances. We shall show you that
about year ago, while the city of Bidde-
ford was torn from centre to circumference
by political strife, when the temple of JUS
tice should, of all times, be pure, when men
were being swayed this way aud that way
by contending political parties, that this re-
spondent was in a state of intoxicatiOn
while on the bench. and was sentencing men
Tor being in the same condition as he then
was himself. Mr.. Bradbury then spoke of
the reluctance he felt at bringing into the
case evidence to show the relations alleged
to have been maintained By the respondent
with women of the lowest character.
Mr.. Bradbury then took up that portion Of
the charges which allege that the respondent
had signed various court papers, the service
OF which affected the liberty and property of
citizens of the state, and had allowed such
papers to be taken and filed out by officers
VINO had no right to do so. Mr.. Bradbury
closed with brief but effective appeal to the
conventions to hear the case impartially and
do justice in its decision.
AT the conclusion of Mr.. Bradbury's argu-
ment the examination of witnesses for the
state commenced, being conducted by Mr.
Baker. Eleven witnesses were examined,
all Of whom testified in the general line of
subStantiatiDg the charges