The Portland daily press., 1892-12-13


A case of rather unusual interest came
up in the United States District Court
before Judge Webb yesterday. Mr.. Rus
sell Daggett is an Auburn merchant, into
the steady rounds of whose life there
came week or two ago summons to
come to Portland and serve on the grand
jury of the United States. A constable
duly served the summons, and he was
not persona grdtG to Mr.. )Daggett
What the latter said to the constable has
not yet been fully determined 1t was
either that he couldn't or didn't want to
serve his country in any such way. On
the first Tuesday of this month, when
the grand jury assembled, Mr.. Daggett
was not in the number but was, on the
contrary, lost sheep.
Deputy United States Marshal Burton
Smith went to Auburn yesterday, and
brought Mr.. Daggett to Portland to ex-
plain why he did not heed the call of his
country. Then, for the first time, the
strayed grand juror began to understand
that it is a serious thing to be found
| wanting when court of the United
States demands ones services.
Yesterday forenoon he was brought up
before Judge Webb, who asked him
what excuse he had to offer. MI. Dag
gett said the loss of SIS was at the bot
tom of the whole trouble. He was in
Boston. and the loss of the money rem
dered it impossible for him to get to
Portland, as he missed the o'clock
train Monday.
Judge Webb told him that this excuse
was not satisfactory, as he could have
taken two later trains, or sent letter or
telegram explaining his absence. Then
the Judge told him that if he wished to
have counsel before receiving punish
ment for being in contempt OF court he
could do so.
Mr.. Daggett wished for counsel, SO the
proceedings adjourned until p. M,
when the prisoner appeared with General
Mattocks as counsel. District Attorney
Dyer appeared for the government.
Constable Eben G. Eyeleth of Auburn
who served the notice on the prisoner,
testified. as also did Deputy Marshal
Smith, to the facts about the summons
and arrest.
Then Mr.. Daggett was put on the
stand and testified as to losing the
SIS which prevented his leaving Boston
Monday noon, before the assembling Of
the grand jury Tuesday. He might
have come by later trains, but the recol-
| lection of the summons seems to have
failed to weigh heavily on his mind dur-
ing two or three days more of his stay in
Boston. Finally he got home Friday.
General Mattocks said lie did not be-
lieve Mr.. Daggett was quite himself
4 while in Boston. General Mattocks ac-
khowledged his client did wrong in dis
regarding the summons, but he was sor-
nv for it, and hoped the Court would be
| lenient.
Judge Webb then rendered a decision
! that Mr.. Daggett was in contempt of
| court in not attending the summons. AS
to the punishment, Judge Webb said
/ that there was a tendency towards laxity
in obeying the precepts of courts, and it
was necessary to make an example. But
Mr.. Daggett did not seem to be bad
/ man. and therefore the court would not
resort to its power to incarcerate him,
but would impose simple fine. He
/ then imposed fine of $25 and costs.
/ The costs brought the sum up to about
S62 which the affair cost Mr.. Daggett.
/ Other Cases.
/ James w. Garside of Biddeford, alias
:sBob'' Garside, was arraigned for sell
ing liquor without having paid United
States tax, against the peace and digni-
| ty of the United States He pleaded
guilty and was fined $25.
William II. Hamilton of Caribou was
released on his personal recognizance for
$500 to- appear at the first Tuesday of
February. He is accused of selling liquor
without tax receipt.
A Narrow Escape,
Sunday evening Mr.. Amory Rogers