The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-11-04
DEERING.

In the matter of the proposed OWL
suit of L. B. Chapman against City
Marshal Clark for mittimus matter
which the marshal was given until We'd
nesday to pay or stand suit, prominent
CITY official has this to say regarding
the facts in the case:
THE facts in relation to the claim OF
l.. Is. Chapman against Marshal CLARK
for fees, are these:
"Mr. Chapman had refused to pay the
appeal fees in q case against him and
mittimus was issued and given to
| Marshal Clark, commanding the mar
shall to commit Mr.. Chapman to the jail
for such non-payment. 1t also command
ed the jailor to keep Mr.. Chapman in Jail
until he should pay the fees or be other
wise discharged by law.
The marshal hired a team and aid
or driver and went to the house of Mr..
Chapman in order to take him to Jail,
according to the command of the mitti-
mus, but did not find him, and after
hunting some time for him, went home,
intending to renew the search the next
| day. In the evening Mr.. Chapman came
| to Mr.. Clark's house and was informed
by him of the mittimus and It's effect,
but that If he wished he could pay the
appeal fee to him, CLARK, and he would
hand them to the judge and also would
pay him the fees accrued on the mitti-
mus. Mr.. Chapman naturally did not
want to go to Jail, SO he proposed to pay,
but he objected tc the amount of the
costs which were ST. for the team, 81 for
sonal service Of Mr.. Clak. Finally Mr..
Chapman paid these sums and then Mr..
CLARK offered to pay back to him the
personal fee of 81 "a, saying all he wanted
was to keep even on the money he paid
out for the team and aid, but Mr.. Chap
man refused to take it.
| "1f Mr.. Chapman had been committed
to the jail the fees would have been larg-
er. He had the option of submitting to
the legal Imprisonment (Which is not
duress), and paying more money, or Of
paying what he did and avoiding the
imprisonment. He choose the latter al
formative. The sums he paid were paid
reluctantly and for his own benefit. If
Mr.. Clark omitted to follow strictly the
command of the witness and commit
Mr.. Chapman to jail, such omission was
with the consent of the latter and it
would be strange II he could now repu-
date his own action. If it was an Illegal
proceeding Mr.. Chapman was a partici-
pator in it and cannot take advantage of
his own wrong"
The marshal still insists that the pay
ment of the same is Illegal and therefore
has not paid.
Several of the recent purchasers of
land of the Goodrich property on Ocean
street, East Deering, contemplate the
erection of substantial buildings for
tenements commencing next spring.
Miss Daisy Adams of So Prospect
street, celebrated her 2tst birthday last
evening at the home of her mother, Mrs
L. j. Adams. Quite party OF. her most
intimate friends and associates were
present as guests of the occasion. The
evening was spent in very pleasant
social manner and the guests departed
for their homes at late hour wishing
their hostess many returns of the day.
Five African boys, representing differ
emit tribes are to be at Woodfords NJ. E..
church tonight. They are as interesting
a quintette as have been heard and seen
in this district for very long time.
Mr.. Balmer of South Africa and Miss
Elsie Clark will also be present and tell
many wonderful stories of African life.
The boys singing can only be described
as wonderful, and alll who wish for a
delightful evening should be present.
The programme will include solos,
duets, part songs, etc. in three languages.
African costumes will be worn.
The Dirigo club will meet with Mrs. A.
" N, Halves. 20 Falmouth street, Friday,
November at 7.3o p. m.
The Oakdale Ladies' Circle will meet
with Mrs. G. b. Lombard, So Fessenden
street, Friday, November 5, at 2.3O p. m.
Miss Fanny NJ. Merrill. formerly OF
Portland, now of Ridley Park, Pennsyl-
vania, has become member Of The Au-
thors' Club.
Mr.. and Mrs. Symonds, Deering Cen
ter, have returned from visit at Dan
Vile Junction.
Miss Hattie Proctor, formerly of Deer
ing Center, has moved to Portland.
Mrs. Thomas, of Leland and Leonard
streets, has returned from Woolwich
, Ma ne, where she has been to attend the
funeral of n brother in law.
The work Of moving the drinkin,
: fountain and hydrant on Forest avenue
near Ocean street, was done yesterday.
Inc COmmlUUc6 VI I1OSo d VI AAOrrlll
corner have decided to have the supper
: for the members of the company on Sat
urday evening of this week at the host
house. The boys will set down to I
clam boil and enjoy smoke talk.
s, The proprietors of the Deering Drug
, company are having their store at Nor
, rill's corner reprinted.
There is to be masquerade ball thi
. evening, given by residents of Smell
Hill in the hall in their locality.
The regular dance of the Red Men wa
postponed on Tuesday evening owing
to the inclelnent weather.
The fire alarm Taper, formerly at tn
toothpick factory was removed yester
day and placed at e. L. Watkins's cloth
! ing factory. In the future Mr.. Watkin
will sound the no school and fire alarm
on the steam whistle in use at his prop
erty
Work on the new High school building