The Portland daily press., 1896-11-17

Game Commissioner Carleton Gives an
of Warrant Was Suspended at Request
of Mr.. Peaks of Dover Who Acts as
Marquand's Attorney.
Boston, November 16-Phfllip Mar
quand. for whom the now famous
requisition was obtained by the Maine
game wardens ON charge of having
killed moose in close season. returned
to Boston today and makes statement
which entirely clears him of any insen-
tion Of avoiding being brought into
court, and rather reflects on the methods
which apparently have been pursued by
the wardens in.obtaining this lequisition.
Mr.. Marquand was indignant at the
surposition that he had taken himself
out of the way, and said he never had
the slightest intention of fleeing from
justice, either in Maine or Massachusetts,.
He said he had been imperatively called
away on important business, involving
the closing of large contract. and it
was impossible for him to be in Boston
at the time at which the requisition was
granted.
He continued: II am sorry happened
to be out of town at the time, as had /
been here the whole thing would have
been easily settled. i would say further
that if the game comm issioners or their
wardens had sent me a postal card ask
ing me to come to Maine, or had notified
my lawyer. who by the way had agreed
to bring me there if necessary, it would
have been quite unnecessary for their ex-
oellenoies Governors Cleaves and Woloott
to have been troubled with this matter.
would state that l paid 500 to the
wardens as surety for my appearance Mt
Foxcroft October g.
This, my lawyer states to me, is the
maximum penalty for this offerse. 1t
has been repeatedly stated that the fine
ment, or both. This Is not SO. The
moose was bull. The penalty of $500
applies only to killing COW. There is
no penalty Of imprisonment for killing q
moose unless jackliRhts OF dogs are used.
II found that 1T was important for me
to be in Boston October s, aud on con-
sulting my lawyer at Dover, he advised
this, 1t was quite unnecessary for me to
appear. He could plead for me and pay
the fine. which requested him to do.
October 8 he did appear and informed
Mr.. Carleton that he was ready to plead
for me when called. 1t seoIns that this
anasred Mr.. Carleton, and he tried to
get requisition from the governor to
bring me to Dover, which he knew well
he could do without any requisition, by
simply asking me to come. Evidently
he preferred to make trouble.
"Know1ng that he would have to have
the consent of the county attorney aud
not believing the governor would issue
a requisitioD under such circumstances,
Mr.. Peaks, my lawyer, arranged with
the county attorney to notify him If any
requisition were applied for. which ne
assured Mr.. Peaks he would do. 1t
seems that in order to avoid my lawyers
knowing what WAS heing done, COM
plaint was sworn out before the Oldtown
Municipal court and the consent Of the
county attorney Of Penobscot county was
obtained. 1t may be on account of this
state of things that Gov. Cleaves has in
terfered.
'There is another peculiar thing In
connection with this moose. Frank Pond
of Oldtown. my guide, is charged with
killing the same moose at the same time
in p different townsphip. Moreover it
must have been killed with the same bull
let, as the moose was nit with but one."