The Portland daily press., 1895-07-10
THE AGRICULTURAL SOCIETY.
Question of Possession Of Books Comes
Before Court.

YuOSoAo" Va AOSScSSIOH Ol DOOAS COutS
Before Court.
Ex-Secretary Whitney Is Not Ready with
His Witnesses and Hearing Postponed
to Monday,
Before Judge Strout Tuesday forenoon
came up the petition of the Cumberland
County Agricultural and Horticultural
Society for mandamus against Benja-
min F. Whitney, of Gorham.
This petition recites that at the annual
meeting at Gorham on the first Tuesday
of January 1895, there were cast in all
sixty-five votes, of which Charles II.
Leighton, of Westbrook received 80, BENZ.
F. Whitney, of Gorham, 81, J. f. Bar
rett, of Deering 8, and f. d. Scammon.
of Gorham !. Charles H. Leighton re-
ceiving majority of the votes cast was
declared elected secretary, and was sworn
in.
Thereupon the said Benz. F. Whitney,
who had been clerk previous to the cleo
tion, refused to give up the books and
papers. The officers of the society repre-
sent that they cannot properly do business
without the books, and petition that the
court may issue mandamus directing
Whitney to surrender the books.
The Society was represented at the hear
ing by Preside MT Warren Fl. Vinton, of
Gray, Acting Secretary Leighton, Treas
urer F. D. Scammon, and Trustees J.
S. Heald, Levi P. Wescott, Benz F.
Carter and Isaac L.. johnson. Hon M
P. Frank was their attorney.
John A. Waterman, Esq, of Gorlam,
represented Whitney. After the petition
had been presented, Mr.. Waterman an
nounced that his client was not ready to
make answer to the petition, and asked
for postponment. Mr. Frank said that
the time of the Society's fair was ap-
preaching; and it was quite necessary
that the books be accessible. If the hearing
was to be postponed long, Ne would sug-
gest that the books be put into the hands
of some person temporarily until hear
| ing should be held.
Clerk of Courts Stone and Treasurer
Scammon were suggested; but it was
objected that the first was too far away
and the second was member of the side
opposed to Mr. Whitney
Judge Strout said that his duties with
the law court would render an early hear
ing impossible if it Eshould not be held
now.
Both Mr.. Frank and Mr.. Vinton urged
the necessity of having the books before
the time of the Fair, in order to get out
their premium list, and entry blanks,
make the entries, etc.
Mr. Whitney himself who was present,
replied to this. He said that as a matter
of fact theTpremium books had already
been issued; and as for the entry blanks,
they were always issued anew each year
AS to the entries, it was not necessary te
have them entered until ten days before
the opening of the fair.
Mr.. Vinton urged the necessity Of
speedy action.
Mr.. Waterman said that Mr.. Whitney
denied the validity of the election of the
man alleged to be his successor as secre
tary. That the votes were cast and
counted as alleged in the petition, there
might be no question. But Mr.. Whit
ney's position is that nine or ten of the
votes cast were illegal, cast by persons
not authorized to cast them. As Leigh.
tom S majority was only five, these nine
or ten votes might have changed the re
suit.
| Mr.. Waterman proposed to have wit
nesses in regard to these illegal votes, and
wished time to get these witnesses to-
gether.
1t was finally decided that the hearing
should be postponed until Monday next
at a. m.
x-Secretary Whitneys reasons for his
position will be embodied in an answer
which he will soon file through his coun
sell It is understood that one of the
grounds is that some of those participat
| ing in the annual meeting had procured
their life membership tickets by paying
ten dollars, while the regular rate il
| twenty dollars.