The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-02-15
BLAKEs TRIAL
Before the United States Court for
Selling Liquor,

And Is Also Charged With Resisting a
United States Deputy Marshal-Blake
Claims That He Resisted Because a
Warrant Was Not acknowledgements
VIII Be Made Today.
The hearing in the case OF Herbert
Blake WAS continued in the United
States Court yesterday before Judge
Webb.
Blake is under indictment for assault
ing United States Deputy Marshal Pres
colt at Hallowel1. Blake's attorney,
Arson NJ. Goddard ESQ.,, of Augusta,
demurred to the Indictment on the
ground that it did not set forth that
Prescott was acting under proper war
rant at the time of the assault. The
court overuled the demurrer and as
signed the case for trial.
United States District Attorney Brad
bury called Noah M. Prescott, who said
that Decem Der 18th he went to the Hal
lowell House in Hallowell, and saw Her
bert Blake, for whose arrest he had
warrant. He said that after some con-
versation Blake suddenly jumped and
ran out of the room. With Marshal
Henderson, who was with him, he fol-
lowed Blake, and at last they ended the
chase in the bathroom, where Blake
said II give up" They took Blake to
the sitting room, where he said to him,
"You have acted SO badly that l shall
be forced to take you to Portland in
irons" He said he was trying to get the
irons on Blake's wrists, when he re-
ceived a tremendous blow in the face,
from him and Blake again tried to
escape He followed him up and passed
through two doors. At the entrance to
the second room, when ne was lace 10
face with him, Blake struck him twice
in the face, and then he was overpowered
and put in irons. Both blows hit the
deputy under the eye, and the orbit OF
the eye was cracked.
The ss-examination by Mr.. Goddard
was very protracted; the attorney trying
TO draw from Prescott the admission
that Blake wanted to see the warrant,
and that he refused to allow him to read
it, or to read it to Blake himself. Pres
colt claimed that he did show the war
rant to Blake, but did not read it to
him. He claimed that Blake saw the
warrant before his arrest Blake did not
offer to go to Portland quietly with him
If he could be allowed to see the war
rant. They had quite a prolonged talk
together before Blake left the room the
first time. The witness could not under
take to give the details of the CONVEX
sation. He did not tell Blake that he
could arrest him without warrant.
He took the warrant from his pocket
and held it up before Blake.
Alvin NJ. Henderson. city marshal of
Hallowell, was the next and last wit
ness called by Colonel Bradbury on the
part of the government. He told the
story of the arrest very much as stated
by MIR. Prescott. He was not as near
Blake as was Mr.. Prescott during the
talk. When Perscott went with him to
the hotel bis face was all right, but af-
ter the arrest of Blake it was very much
discolored and swollen. He advised
Prescott to go to drug store, which he
did. He was taken by surprise when
Blake ran fre n the room in the first in
stance, and the second time when he
struck Prescott in the face and then
made his escape. He was present and
saw the first blow stru ok, and later on
assisted in making the capture of Blake.
His cross-examination was very pro-
Ionged. He said that he heard Blake
ask Prescott to be allowd to see the war
rant. He saw Mr.. Prescott when he took
the warrant from his pocket. 1t was
folded, and it was not unfolded to the
knowledge of the witness. He did hear
Blake ask more than once to see the
warrant. Blake commended that he had
the right to see the warrant, and Pres
colt said that as long as he had shown
him the warrait it was enough. Blake
did seem to want to see the warrant be-
fore leaving for Portland. Prescott did
insist that he had a right to take Blake
even in irons if he pleased without let
ting him see the warrant. Prescott did
not unfold the paper. lie did not see
MIN Uak0 III SCCOEd eAdiO Iho'h las
pocket.
THAT was what the whole cohnten-
ton was about, wasn't ity" asked Mr..
Goddard.
81 so understood it," replied the wit
ness.
did Blake demand to see the war
rant as right?"
"Yes."
"Did Prescott say Well, won't show
it to you.' and then put the document
back in his pocket"
Something was said, it might have
been that What followed put the con-
yersation out of my mind"
Blake did not say he would not go to
Portland; what he did say was that he
didn't know whether he would or not,
unless he could see the warrant. He OBJ
iected to going to Portland ON that
ground.
At the afternoon session, Marshal
Henderson was recalled by Mr.. Goddard.
Where he stood he could not state the
nature of the document Mr.. Prescott took