Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-02-09
DAMAGES, $1,000.
Suit Of a Bowdoin Student
Against Baths City Marshal
For Alleged False Arrest During The
Bryan Meeting in September.
Evidence Would Seem TO Show That the Ar.
resi- Was Unwa,ranted.


noon. the somewhat noted suit OF Per-
cival P. Baxter against City Marshal
Orrin A. Kittredge of Bath, for false
arrest. was begun. Barrett Potter.
Esq, of Brunswick. appeared as coun-
sci for the plaintiff and the defence
was conducted by F. T.. Ssuthard.
Esq, of Bath.
The suit is brought by Percival p.
Baxter. by James p. Baxter, his father
and next friend. The writ alleges that
on the 26th day Of September last,
Orrin d. KittNedge with force and
arms assaulted the plaintiff. And him
then and there took and imprisoned
in a cell of the lookup in said Bath.
and then and there restrained him of
his liberty against the law of the land
and against the will of the plaintiff
and other injuries the said Kittredge
then and there did to the plaintiff
against our peace" The damages
sued for are $1,000
| Mr.. Potter briefly opened the case to
the jury and then called Percival p.
Baxter as the first witness. Mr. Bax-
ter's testimony on direct and cross
examination was in substance as fol-
! lows:
| On the 18th of September last a
large party of Bowdoin college students
went to Bath, where Presidential Can
| didate Bryan was advertised to speak.
w hen they reached the Bath railroad
station, they formed themselves into
| a body and marched up Front street
| towards the postoffice near which the
stand was erected on which Mr.. Bryan
| was to speak. Mr.. Baxter and his
friend, Frank w. Dana. went ahead
| and did not march with the crowd
| The boys had been cautioned by the
president of the college to be careful to
| make no disturbance at Bath, and Mr.
Baxter went ahead. partly to guard
against disturbance and partly, if
| there was any disturbance, to be out
of it.
When the boys got up near the
, speaking stand a large crowd was
present, and the boys attempted to
give the Bowdoin yell, that is, some
one proposed it. but before it was fully
given Mr.. Baxter and Mr.. Dana held
up their hands and Mr.. Baxter told
the boys to shut up. which they did
Then it was proposed to give cheers
for Mckinley. but these We're checked
in the same way. Then City Marshal
i<ittredge came rapidly across the
street and shouted to the boys to stop
their noise. that if they made more
disturbance he would run them all
in. and that he had men enough to do
it. Upon this MIR. Baxter said:
We are not maxim" any disturbance.
There is no speaking in progress
city Marshal Kittredge lnen said:
business
Mr.. Baxter replied: II am mindng my
own business.
Upon this City Marshal Kittredee
rushed pnst the bystanders. seized Mr.
take him away. Mr.. Baxter said that he
would go "nietiy and that there was no
need of pulling him along. Mr. Dana
said he should so along to see fan, plav.
Ir Baxter was taken to the police sta
non and locked up. In n few minutes Mr.
Mnssenden. Mr.. Baxter's brother-in-law.
,,in.. , MAYOR Bibber arrived. Mr.. Baxter
was taken from his cell and released The
city marshal said that in the crowd maxi
ing the disturbance he had taken the first
man he could get his hands on and per-
haaps he had made mistake.
Mr.. Frank w Dana, Il son of DR.. |. r..
Dana Of this city, and a salesman for the
publishing firm of Silver. Burdett & Co.
was the second witness. He told the
story of the arrest substantially as it was
described by Mr.. Baxter He said that
Mr.. Baxter was not making any disturb
keep the other boys from making a dem
onstration. The speaking did not begin |
for over an hour after the arrest of Mr. |
Baxter.
VIM. F. Mussenden of Bath, was the
next witness. He told about going to the !
police station and procuring the release |
of Mr.. Baxter
Then came half dozen Bowdoin stu
dents Of the classes of 1897 and 1898. There |
We're Oliver D. Smith. Chas. W. Holmes.
John G. Haines; George S: Bean, Herbert |
N. Il M rhny-
all told the story of the arrest substan-
Tally the same: and their account did not |
differ materially from that told by Mr.. |
Here ended the testimony for the Vain
tiff. Mr.. Potter read to the jury the let
ter of apology which was sent to Marshal
out his signature. If he had signed the
letter no suit would have been brought
Mr.. kittredge testified that on the night
of the Bryan meeting he found a crowd
of Bowdoin boys shouting He put his
hand on two in the front rank and told
them to keep still Thereu,pon they be-
to arrest them all. Baxter told him to
mind his business, and told the boys TO
make as much noise as they wanted to- |
Whereupon he took Baxter to the sta
ton.
Mayor Bibber of Bath. was on the
stand. He said that he had never CEN
sured the marshal in any way but a
letter was produced which he wrote to
Mayor Baxter stating that kittredge had
lost his head.
The case will BE- resumed. tomorrow.
A Chicago Times Herald Atlanta,
Ga, dispatch says: A remarkable in
whichiexists between Yvette
Guilbert and Jack McAuliff developed
here, Friday. 1vette was billed for
Thursday and Friday, and
when she arrived she was accompanied
by the well-known prize fighter. 1t
seems that McAuliff met Yvette in
New Orleans, coming up here in her
private car. The fair actress. upon be-
rg approached upon the subject. coyly
turned it off. NcAuliff went to New
York. by FRIDAY nights train, having
an appointments to see Yvette when
she leaves that city on the French /,
steamer. 1t is said he is to follow her
BY invitation % the steamer sailing !
he next week. The theatrical people !
ire greatly CONCERNED over the strange
combination Of actress and prize $
lighter, and do not seem to take kindly [,
o the innoyatidd1 / i