The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-03-05

tween the two concerns Mr.. Burrowes
would feel that the Portland Screen Com
pany by its name was taking business on
his reputation. There would probably
be but one way to stop this, and that
would be to get from court an lnJuhc-
ton restraining the Portland Screen
Company from using that name. BE-
fore Mr.. Burrowes could get such an IN
junction it would be necessary for him to
prove that people had bought screens OF
the Portland Screen Company when they
really thought they were buying the
widely-advertised screens made at the
Burrowes factory. To prove this it
would first be necessary to ascertain the
people who dealt with the Portland
Screen Company, not an easy task by
any means, and one that would have to
be done by indirection.'
This is current explanation OF MI.
Burrowes's alleged acts. Whether he
was acting under the advice of legal
counsel is not known.
Whether. supposing this explanation
to be the real one, it was right and prop
er for Mr. Burrowes to proceed as he is
said to have done is question which the
public will pass judgment upon ac-
cording to their various ideas of what is
right and proper for a man to do under
such circumstances. Those who believe
it legitimate to proceed against an enc
my OF rival by anonymously using Bos-
ton channels must of course condone or
applaud the acts alleged against Mr.. Bur
rowes. These who do not believe in
such methods must lament that he appears
to have allowed himself to be betrayed
into course inconsistent with his digni-
ty and honor as gentleman.
As regards the proceedings in court
yesterday, which resulted in Mr.. Bur-
rowes's acquittal of any attempt to de-
fraud within the meaning of the law, it
may be said that the Commissioner
Court opened at little past 10 a. M,
with large attendance of spectators.
Mr.. Burrowes's friends were numerous,
especially members of the church which
he attends. Mr. Burrowes soon came in
attended by Charles S. Cook, Esq, one
of his counsel and was soon in converse
ton with Judge Symonds and d. W.
Snow, Esq, who were also his counsel.
These counsel came well prepared with
documents, and apparentlylready for a
spirited contest.
The government was represented by
District Attorney Dyer,
who, about 1890, addressed the commits
sioner as follows:
This is the first time in Fthe progress
of this case that have had chance to
be present, and fmay say here frankly
that it is the first time that 1 have heard
all the government evidence or have had
a chance to examine it aud to see how it
applies under the statute under which
this complaint is brought. l do not
mean to say by this anything in the way
of reflection upon the Postoffice Inspect
or who had to act in my absence. He
was charged with a very responsible
duty. A duty which in his Judgment
would not admit of delay and which he
is commended for performing so prompt
ly and vigorously. But say it to show
your Honor that after having carefully
considered the facts in connection with
the law that the government avails itself
of the first opportunity to take what
seems to me proper position. Now do
not propose to discuss these facts at
present, merely say to you that having
carefully examined them 1 am clearly of
the opinion that however reprehensible
this defendants course may have been
in the writing of these letters in the way
he did to Mr.. Cummings, they do not con-
stitute an offence under section $3.50 as
amended. In my opinion they do not
show, within the meaning of the stat
ute,
A Scheme to Defraud
the Portland Screen Company or the Gus
toners of the Portland Screen Company,
for in my opinion do they constitute an
offence even if the the complaint should
be amended so as to charge an intent of
a scheme to defraud either of these par
ties. Whether they constitute the offence
of scheme of intent to defraud MI.
Cummings is a matter which has been
suggested to me for the first time this
morning which [ shall consider at my
leisure, and which if there is any ground
of criminal prosecution in my Judgment
Cdu DC properly oAdiHIHeu DSloIo JIG
coming grand jury. I am clearly of the
opinion that this complaint cannot be
sustained by any evidence that the gov
eminent has at hand this morning
therefore ask your Honor that the same
be discontinued
The district attorney had no sooner
concluded than Commissioner Rand de-
clared the proceedings discontinued and
that Nh. Burrowes be set at liberty
There was applause in the court room,
and Mr.. Burrowes's friends at once
crowded about to offer congratulations.
Postoffice Inspector Hall,
who was present in case the government
had gone on with the matter, had moth
ing to say for publication, either about
the case or about the fact that District
Attorney Dyer had not been notified. 1t
is understood that Mr.. Hall did not in
tentionally neglect to notify Mr. Dyer.
But the arrest of Mr.. Burrowes seems to
haze been forced upon Mr.. Hall by pres
sure from outside sources. It was not
the intention of Mr.. Hall to arrest MI.