The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-04-02
DECISION AGAINST JUDGE HAMILTON.
Senate Adopts the Address BY an
Overwhelming Vote.
The Address Goes to the House For
Concurrence.
How the Senators Voted on the
Various Charges.
[Snecial TO the Press.l

Especial to the Pressl
AUGUSTA, April 1.-The Senate has adopt.
| ed by vote Of 20 to the address to the Gov.
ernOr recommending the removal of Judge
Hamilton of the Biddeford Municipal Court.
The address now goes to the House for con-
currence.
The proceedings in the case were resumed
this afternoon when Mr.. Heath made the
argument for the defence, and Mr.. Baker
for the petitioners. Each side had an hour
and half for its arguments. Mr.. Heath
placed Judge Hamilton's defence before the
convention clearly and ended his remarks
with an eloqent appeal for justice respecting
the charges made against his client which he
did not think had been proved, and. forgive
ness for the weakness of which Judge Ham
ilton had admitted he had been guilty and
which he had put from him forever. Mr.
Baker explained the authority Of the Legis
lature to investigate and recommend the re
m0val Of Judge Hamilton and made search
Ing review OF the evidence against the res
p0ndeDt.
The Senate met In the evening and acted
upon the address, taking the allegations SER
latin and voting by yeas and nays upon each
one. There was little discussion as the roll
calls proceeded.
There were present q Senators. OF these
the president did not vote, and also Messrs.
Haines and Poor, who were excused from
voting as they had not heard all the evidence.
The "a Senators who voted on the different
allegations were Messrs. Adams, Chaplin,
Giles. Gilmore, Grindle. Hacker. Hunt, Nal
let, Mayo, Mehan. Moore, Nuttiug, Petten-
gill, Powers, Ryder, Sherman, Smith, Stew
art Swanton, Thatcher, Wadlin, Walton,
Warren and Wilbur. In giving the results
OF the several votes, TO save repetition. only
the names Of those Of the above Senators
voting on the one side or the other have been
given.
The first allegation that Judge Hamilton
had publicly appeared intoxicated was ad-
Stewart. SwantoD, Walton and Wilbur vot-
Ing against 1t.
The second allegation, that Judge HamIl-
ton was notoriously subject to habits OF in
temperance, was adopted by the same vote,
IL to Z, but Mr.. Nutting changed his vote to
the vote the same.
The third allegation that Judge Hamilton
was subject to habits Of immortality and
RIGHTEOUSNESS was adopted by a vote Of "a
in the Affirmative and none in the negative.
The fourth allegation that Judge Hamil-
ton had sat In the court while intoxicated
was stricken out there being only ona vote.
That OF Mr.. Mallet in favor Of its retention.
The fifth allegation that Judge Hamilton
issued blank warrants after being amended
to omit the statement that such warrants
had been issued to officers In Saco was
adopted 10 to 0. Messrs. Adams, Chaplin,
Grindle, Mayo, Mehan, Moore, Stewart,
Swanton, and Walton voting no.
The fifth allegation as to issuing blank
bills of cost was rejected. Only Senator
Mallet voting In favor Of its retention.
The seventh allegation that blank mitti-
muses. had been delivered to-divers officers
was striken out IL to 13. Messrs. Adams,
Chaplin, Grindle, Harper. Hunt, Mallett,
Nutting, Sherman, Wadlin and Warren .vot-
ing in favor of its adoption.
The eighth and ninth allegctious being
general In character and relating to the effect
OF the matters alleged were adopted. All
the Senators present voted for the last Of
these. Senator Stewards, who had voted
only for the allegation of immortality and
licenti0usness, voted against the eighth,
which referred to the continuance Of such
habits, acts and proceedings"
Then the president announced that IL
whole. This necessity made trouble In the
minds of several Senators.
Mr.. Walton said he could not vote for the
entire address as he was opposed to some
parts of It.
Mr.. Powers was also opposed to parts, but
nevertheless he believed that an address
should be adopted, and so would vote yes.
Mr.. SwantOn favored the adoption Of an
address, but could not vote for all the alega-
tiOns adopted.
Mr.. Stewart made a similar explanation.
and was excused from voting.
The vote was then taken on the address,
and II was adopted. 20 to 8; Messrs. Mehan,
Swanton and Walton voting mo-" Other
senators who had voted on the adoption Of
the several allegations voting "yes," except
Mr.. Stewart, who was excused.