The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-05-25
SHORT LoBsTERs WE'RE SHIPPED.
A Jury Is Trying to Decide Whether
Charles II. SWEET and C. W. Leonard
Were Responsible.

Yesterday morning Charles T. SWEET,
proprietor of Swett's Express, and Chris
topher w. Leonard, one of his drivers,
were placed at the bar of the superior
Court for trial on the charge OF having
in their possession on the 25th OF Feb
ruary last 1924 short Holsters.
Warden Cushman testified that about
Z o'clock in the evening he was at the
Boston & Maine station when Leonard
drove up on one of Swett's wagons and
began to unload dozen barrels, each
one covered with mating and only one
of them addressed to the consignee and
none of them with the name of the ship
per. He told Leonard he wanted to ex-
anime the Holsters. Leonard asked him
for his authority and Cushman showed
him his commission as fish and game
warden. Then Leonard told him he
couldn't look at them for Mr.. SWEET had
| given orders that no one should look at
the Holsters. Mr.. SWEET was telephoned
for and came down in short time. He
stated that they were his Holsters and or
dered his driver to go on and put them
in the car. Cushman, after some scuff1e
and calling for help, succeeded in getting
one barrel into his possession, and cut
ting the mating off he pulled out four
or five short Holsters, SWEET then said
if they were short Holsters he wanted no
more to do with them and gave them up.
The other II barrels had in the mean
time been put into the car and locked up,
but SWEET gave orders for it to be opened
and Cushman took those also. Upon
| measuring the Holsters all but four were
found to be less than 10a inches in
length.
Mr.. SWEET testified that while in his
office that afternoon he received an order
by telephone for one of his teams to call
| at Commercial wharf, two thirds of the
way down and get IL barrels for Boston;
that he knew nothing more of them or
about them until he was sent for to 90
to the depot. On arriving there he asked
Cushman if he had warrant. He said
no. SWEET told him he couldn't have
them withouta warrant, but finally af-
ter some scuffle he gave up one barrel
which was cut open and found to contain
short Holsters; that that was the first he
knew what the barrels contained, and
thereupon he gave them up Immediately,
together with the other barrels which
he had ordered to be put upon the cars.
Mr.. Hale, counsel for the respondents,
claimed that neither SWEET nor Leonard,
had any knowledge of what was in the
barrels, not even that the contents were
Holsters to say nothing of whether they
were of lawful length; that even if they
did, the Holsters came into Swett's pos
session rlghtfully as a common carrier
to be transported to New York; that they
were an article of commerce to be taken
from one state to another and were
therefore subject to interstate commerce
and national regulation, and could not
be seized Or interfered with by an officer
under any state law.
Judge Bonney instructed the jury that
if the respondents did not know that the
barrels contained Holsters, even though
they were constructively in their posses
sion, they would not be guilty; that if
a common carrier receives for transporta-
ton or otherwise barrels which he knows
to contain Holsters, then he is bound in
law to knew whether they are longer or
shorter than ten and half inches, meas
ured according to the statute; and if as
matter of fact any are found to be short,
then they are in his possession within
the meaning of the law and he would be
guilty. As to the counsels contention
that they could not under the interstate
commerce act be seized after they were
in possession of the carrier, the court de-
clined to so instruct the jury. The jury
went out at half-past four and at adj ourn-
ment had not agreed.
G. A. True, Assistant County Attorney.
Clarence Hale for deft
After the conclusion of the SWEET case,
Emma Preston was put on trial before
the other jury for keeping liquor nuis-
anee at her restaurant on Middle street.
The case was not finished at adjourn
ment.
Robinson, County Attorney. G. W.
Morrill, for deft.