The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-09-24
STATE OF MAINE.

ance. Instead the following paper was
filed:
STATE OF MAINE.
Cumberland, IS.
Superior Court,
September Term, A. D. 1894.
State of Maine vs.; George W. Norton.
And now the said respondent comes into,
Court here, and having heard the said in
dlctment read, .says that the said indict-
ment and the matters therein contained in
manner and form as the same are therein
stated and set forth. not sufficient in
law. and that he, the said respondent.
is rot bound by the law of the land to an
swer the same; and this he is ready to YER
Try; wherefore for want of sufficient in
diotment in this behalf, the said respon-
dent prays Judgment and that by the, court
he may be dismissed and discharged from
the said premises in the said Indictment
(signed) GEORGE W. NORTON.
And Charles A. True. who prosecutes for
the said state i'll this behalf, says that the
said indictment and the matters therein
contained In manner and form as the
same are therein stated and set forth, are
sufficient in law to compel the said Iespon--
dnt to answer the same; and the said
Charles A. TrueA who prosecutes as afore-
said, is ready to verify and provesthe same
as the court here shall direct and award:
Wherefore, inasmuch as the said respon-
dent has not answered to the said indict-
ment. nor hitherto in any manner denied
the same. the said Charles A. True for our
said state .prays Judgment. and that the
said respondent may be convicted of the
premises in The said indictment specified.
CHARLES A. TRUE,
Attorney for the State for the County of
Cumberland.
September, A. D. 1891.
Demurrer overruled, indictment adj
Percival Bonney. justice of the Superior
co %a. ,,h,o, un,,na -+ho uosnonaon+ ~
81 a. W. CooMBs. his Attonry.
PERCIVAL BONNEY., Justice of the Su-
perior Court.
There was no further case for the jury
and they were finally discharged.
When an accused person demurs to an
Indictment, it is the duty Of the presiding
Judge to rule upon the demurrer. If the
Indictment issadjudged bad, the prisoner is
at once discharged for the state cannot
except. If the Indictment is adjudged good
the. prisoner may except. If his exceptions
are sustained, judgment will be rendered
in his favor. If the, exceptions are over
ruled, judgment will be rendered for the
state, unless at.the time of demurring the
prisoner has, with the consent of the pros
ecuting officer. reserved the right to plead
anew. In the Norton case the presiding
Judge overruled the demurrer and the
counsel for the respondent took exceptions.
If the law court sustalns these ex ceptions
judgment will be rendered for the respon-
dent and he will be discharged. If.the
exceptions are overruled judgment will be
rendered for the state, inasmuch as the
county attorney did not consent that the
respondent.mightsl lead anew, and sentence
will be imposed. The respondent by demur-
ring abandons his right to a trial of the
facts. As substantially all the questions
raised by demurrer can be raised with
equal effect after trial of the facts by
motion in arrest of Judgment it would seem
to be fair inference that the respondent
in this.case either. feels SO certain that the
indictment is bad that he is willing to sac
rifice his chance of escape through trial
on the merits, or SO certain that the verdict
would be against him as to.be willing to
rely solely on the insuficiency of the in
dictment. Which it is in the case perhaps
the public cansjudge by considering sswheth-
er the following words upon which the in
dictment is founded constitute charge of
subornation of perjury:
Against what man is Deputy Sheriff
Charles A. Plummer, now plotting by the
employment of needy mai who shall act
as ''spotter.h that some lone who has in
Cured the liquor deputy's displeasure may
man ito lay himself liable to states"prison
for term of years by taking false oath
ly direction of this guardian of our laws.
On Monday morningsat ten o'clock all
matters of bail. motions, and other in
terlocutory.matters will be inrorder. Coun-
sci in all pending cases, in which there is
any question as to its final disposition is
requested to be present at the opening of
court. Bail will be called in cases where
there is no counsel toFanswer.