The Portland daily press., 1896-01-22
SUPERIOR COURT.

A second jury was summoned in yester-
day morning Their names and the or
ganization is as follows:
Timothy q. Brown, Baldwin.
j. M. Buchanan, Yarmouth.
George r. ElliDgwood, Harrison.
John H. Fowles, Gray.
Isaac II. johnson, Deering.
Fred d. Larrabee, Westbrook.
Nathaniel H. Leighton, Falmouth.
Sumner G. Maxfield, Windham.
Rufus B. Morrison, Cumberland.
A. s. Noyes, Falmouth.
MS. Shurtleff, North Yarmouth
SUPERNUMERARIES.
Charles W. San born, Otisfeld.
Fred Stevens, Westbrook.
Jabez True. New Gloucester.
Lorenzo H. Wilson, Cumberland.
EXCUSED.
Henry G. Coffin, Deering.
Aaron Gibbs, Bfidgton.
Fred Smith of Windham was arraigned
on an Indictment charging him with
breaking and entering the stable OF
Deputy Sheriff j. W. Doughty in July
last and stealing horse and wagon.
III g pleaded not guilty.
Martin Wall pleaded nolo contendere to
q search and seizure complaint and paid
fine and costs amounting to $112. 90.
James O'Neil on nuisance indictment
was sent to Jail for four months.
Thaddeus B. Hawley, who keeps q
grocery store on the CORNER of Spring and
Clark streets was put on trial before
the second jury on an Indictment TO,
selling cigarettes to James Haynes a boy
twelve years of age. Mrs. Lizzie II.
French testified that she found number
OF boys smoking cigarettes, among them
this boy Haynes, who acknowledged that
be gave them to the boys She asked
where he got them and on being told al
Hawley's she took him over there. Mr.
Hawley admitted that he sold them, but
said the boy said he wanted them for his
brother. The boy Immediately spoke uI
and said it wasn't SO, thai he had nc
brother. Mr.. Hawley said it was no use
trying to stop boys smoking them, they
would do it, and asked Mrs. French
what she was going to do about it, Mrs.
French replied she didn't know, but she
thought that il it was impossible to stor
the boys smoking, it might be possible to
stop the sale of them.
The boy Haynes testified that he asked
for cigarettes and Mr.. Hawley passed
them over without word or a question
that he never told him they were for his
brother or anybody else-and was asked
no questions as to who they were for,
Mr.. Hawley, the defendant, testified
that the boy came in and asked fer a box
Of cigarettes; that he told him he didn't
sell cigarettes to boys, but the boz re.
piled "they amt for me but for my bic
brother over there" pointing to q young
man across the street apparently about
twenty years old He then passed them
over and took the boys five cents. When
asked if he didn't plead guilty in the
lower court Mr.. Hawley said he did. he
thought then he was guilty. The county
attorney asked him if he had been ad
vised to the contrary and he said no. and
the examination was dropped there.
The court instructed the Jury that il
the sale took place as stated by the boy.
If it was sale in the ordinary course Of
business, the defendant would be guilty
that if the sale took place as stated by
the defendant-if the boy said the cigar
cites were for his brother across the
street. apparently over sixteen years Of
age, and Hawley actually believed him.
and sold the cigarettes in good faith TO
the boy as agent for his brother. then he
should be acquitted,
The jury was ont about three-o uarters
of an hour and returned with verdict
of guilty.
Richard Webb, assistant county attorney.
John @. Cobb for defendant.