The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-09-23
END OF DURANT HOUSE EPISODE
Editor of the Express Pays Fine for
Libel.


thorship of the LibeIlous Article.
In the Superior Court yesterday fore
noon George W. Norton, editor of the
Portland Evening Express, came up for
sentence on account of the libel on Depu-
ty Sheriff Charles A. Plummer, which
that paper published in the summer of
1894.
This is the final conclusion of the we'll
known Durant House case.
When Sheriff Cram came into Office he
gave to the representatives of the pro-
hihitionist elements the recommending
OF one of his special liquor deputies.
General Neal Dow and Rev. S. +. Pear
son recommended Charles A. Plummer,
and he was appointed, General Dow be-
coming one of his bondsmen.
In the summer of 1894, Plummer raid
ed the Durant House twice, securing In
the first case conviction in the munioi-
pal court, for which the usual fina was
paid for selling rum. No publicity was
given this case.
In the second case there was hearing
in the Municipal Court, and much un-
pleasant publicity.
Colonel Fred N. Dow, of this city, an
owner of the Durant House was also pres
ldent and principal stakeholder in the
Evening Express; and that paper
brought against Plummer the charge
that he had hired ''spotter" to testify
falsely in order to get conviction. The
article was as follows:
Against what man is Deputy Sheriff
Charles A. Plummer now plotting by
the employment Of needy man. who
shall act as 'spotter, that someone who
has incurred the liquor deputy's dis
pleasure may be punished. Who will
be the next young man to lay himself
liable to State prison for term of years
by taking false. oath by direction of
the guardian OF our laws. Will there be
another spite case tried out with a
tool who is anxious to earn 81 and a
drink How many of the prosecutions
that have been made in court, and which
are urged as evidence of the faithful dis
charge of duty, have been prompted by a
v0
not accepted the invitation to come
down to the Office and do business per-
haps can have some idea, but the public
will not know until that investigating
committee comes down here from the
State legislature. Then developments
will be made public thick and FAST
The investigating committee never
came, little being heard Of it after the
Republican convention had finally
settled who was to be the next Repub bill
can candidate for sheriff In this county.
But the grand jury, which sat soon af-
ter, did take action. The responsibility
for the article was placed upon the
shoulders OF Editor Norton, and the
grand jury found an in diotment against
him.
The manner in which the libellous ar
ticle was writeen is to be inferred from
testimony which was afterwards given
during the civil suit which Flummer
brought against the Express, and in
which the jury disagreed.
It seems flom the testimony that the
article which Norton has been punished
for writing, was the result Of an in
terview between Col Dow and Mr.
Norton. The substance Of Col. Dow'l
testimony on CROSS examination was q.
follows:
@. You were aware of the fact that
what You were telling the editor of your
paper was to be made matter of publ
IN tiOy, IN, 20 ooluvrpcS
A. was not.
@. Do you say to this jury that what
you stated to Norton wasn't to be made
matter of publication?
A. I wasn't aware that it was to be
made matter for publication.
@. Why did you state these converse
tions to NortonP
A. ! stated them as a matter of gen
eral news, matter in which I was in
terestsd and the public generally.
@. Why was he interested in thatP
A. Because he was the editor of q
public journal.
@. Had you any doubt that what you
said to him was to be pub ished in some
form IN the paper?
A. No, had NO means of knowing.
@. Do you say to the jury that you
didn't expect him to make the substance
of the conversation that you had had in
regard to the Durant House trial the
subject Of an article?
A. I didn't expect him to make them
the subject of an article
Q. Didn't you think that he would
make themP
A. did not.
Editor Norton's counsel filed q de-
murrer, instead of standing trial on the
charge Of libel, and the case went to the
law court for decision as to whether
the article in question was libellous. A
few weeks ago the law court handed
down its decision, overrul ing the de-
murrer.
Nothing remained then but to sentence
Mr.. Norton. He appeared in court yes
terday morning with Mr.. Ard0n ".
Coolnbs, his counsel, and when County
Attorney True moved for sentence.