The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-01-24

were recounted by Mr.. Crockett, who
said that Col. Fred n. Dow was the
owner or controller of the Durant House
and also president and principal stock
holder of the Evening Express Pub
llshing Company.
plaintiff had the temerity to make
search and seizure at the Durant House,
the Express began q series of articles
against Deputy Sheriff Plummer
Mr. Crocekts read the alleged libellous
ar ice, printed in the Exprt 81, and ar
eued that only the plaintiff could be
meant. Possibly the defense might en-
aeavoF TO show that it Was speaking in
general terms.
The charges Of tne Express agai nst
Plummer we've considered. If proved to
tie true they involved severe punishment.
fine and imprisonment and diSqual!f flea
tion from serving in any public office in
the Safe.
Mr.. Crockett spoke at some length of
the rights and restrictions OF newspapers.
He declared that the Express accused the
plaintiff os three distinct and serious
crimes
He didn't think it necessary for him to
say to the jury that the charges were
| false from top Is, bottom. Ii the jury SO
decides the question of damages is for
them 10 decide. Damages in such cases
ale of three kinds: First, pecuniary dam
ages; second. damages TO plaintiffs feel
| ings; THIRD, punitive damages, which
means damages paid to the plaintiff as a
punishment TO the defendant.
! In regard to tho first, it was impossible
80 estin ate the damages to man in his
4 reputation and therefore his Finances, for
tfo influence of newspaper cannot be
estimated.
III regard to the damages to his feel
| ings, TIE grace and scandal were dwelt
upon and also be vindlctiveness of the
| charges.
EX-DEPUTY SHERIFF PLUMMER.
f. Charles A. PInmmer was the first
witness for the defense. He was ex-
CT age, and now engaged in tine insurance
business. He was born and reared in
Scarboro In 1894 he was deputy sheriff
Of Cumberland county, by appointment
If Sheriff Cram in 1891. He was APP
pointed specially to enforce the liquor
Jaw. In 1894 he searched the Durant
House. which is owned by Col. Fred N.
Dow. His fist search was April 9th
The proprietor was Chas. S. SWEET. AS
Il result CT the seizurs SWEET was fined
in the Municipal court. The liquors
found were whiskey. lager beer and gin.
Subsequent to that 1ifst search, W it.
ness had RET eiyed complaints against the
Durant House and made second search
June 25fl. Swett WAS again tried July
I'd, before Judge Gould and discharged.
AT thay trial the attorney for SWEET was
Artlon Coombs ESQ, now counsel for the
Express i'll this case.
The alleged libellous article was print
ed editorialiy in the Express of July Sd.
There WAS no other deputy sheriff at
| that time by the name of Chas. A.
Piummer.
'tWere you suspended from your office
| in 1o94Y'
Mr. Heath objected to this question.
| Mr.. Noble said that the suspension was
| verbal and was not on record Mr..
Heath contended that verbal suspension
| is not possible according to the statute.
Judge Strout said thav q verbal suspen-
! sion was not discharge. An officer
either has his commission or he has not.
| If not discharged threre is no reason, ac-
cording TO the statute, why he cannot
serve a writ.
| Mr.. Heath objected to the question If
witness had over accepted any brides, on
the ground that they had never accused
| HIM of accepting brides. Mr.. Noble
| urged that there was specific charge of
such crime against the plaintiff. Judge
Strout ruled against the question.
CROSS EXAMINED BY MR.. COOMBS
Witness's associates in that special
office, at the time in question, were OFF,
GERS Chute, Chase. Sterling and Gould.
In regard to the first seizure Mr.. SWEET
paid fine of 500 and costs. There
were no promises by witness to SWEET
that If he paid that fine, without trial,
there would be no further action against
him. Subsequent to this, witness caused
SWEET to be indicted for keeping a null
sance. There was other evidence besides
thai of the above seizure.
Witness employed George Bartlett to
act as spotter previous to the search of
June 25th. He employed him toasoertain
just where the liquor was kept, and the
name of the bar tender. Witness paid
| him so cents, and did not promise him