The Portland daily press., 1898-04-16
FOR FALSE ARREST.
Willis Prince Sues Ex.City Marshall
Clark Of Deering.
DAMAGES SOUGHT IN THE SUM
OF $4,000.


Cause and With Considerable Profanity
and Violence-Tho Defendant Saws
Prince Made Some Evil Threats-The
Trouble Grew Out of the Commitment
of Mrs Prince to the Insane Asylum,
Ex-Marshal Leander NJ. Clark of the
neighboring city of Deering is again the
defendant in case in court the charge
| growing out of one of his acts as marshal,
Mr. Willis Prince alleges that he was
unlawfully arrested by the marshal OF
| the night OF Saturday, the 10th of April,
1887, and asks damages in the sum OF
$4,000 Princes wife was at that time
insane, and was kept by him in his house
in Deering Proceedings were had before
| the city government for her removal to
the insane asylum at Augusta, the order
being issued on Friday, April 9th, the
day before the alleged unlawful arrest.
On Saturday night when Prince went
into the police station he was arrested
and kept in confinement for an hour.
The marshal claims that the arrest was
made because he had reason to believe
that Prince was about to commit a
breach of the peace. Prince alleges that
the arrest was illegal and was part of a
series of illegal acts looking to the COM
nitment of Mrs. Prince to the insane
hospital. The fact that Mrs. Prince was
insane is not denied. She was sent to the
hospital and has since died.
| The case came up yesterday in the Su-
preme Court before Judge Haskell. Gen
eral Charles P. Mattocks appeared for
Prince, and Seiders and Chase for Clark.
| In opening the case. General Mattocks in
describing the arrest laid stress on the
fact tn at an officer even when he is justi-
| fid in making a arrest is not justified in
using violence unless the person arrested
that the defence would be called upon
to prove that Mr.. Clark was in fact the
city marshal of Deering when the occur
rences complained of took place.
| Mr.. Prince, the plaintiff. was the first
witness. In answer to General Mat
tocks's questions, he testifes that on the
night of his arrest he visited the police
station. When ne entered the police sta
tion he did not know that Mr.. Clark had
sent for him. Mr.. Clark was pacing the
floor. Turnkey Ilsley was present. Mr..
! Prince testified as follows as to what then
occurred:
Marshal Clark says to me in a stern
voice, 81 sent for you tonight Says I,
"What for? What is wanted?" Says
he: "Look here, 1 want to know what
these stories are that you have been report
ing about here that I have got to walk
over your dead body before 1 take your
wife, Says I, Marshal Clark, can you
proye that I.made such statement as
that?" And he caught hold of me and
said 'fNot God damn word out of you,"
and he flung me heavily against the back
part OF the cell and said, sect in there,
God damn you"
After this the witness said Mr.. Clark
pushed him back against the iron cell
cage He was then thrust into cell and
the Goor was closed by Mr.. Ilsley, acting
under the orders of Mr.. Clark. Then
there was more conver sation regarding
| the arrest, and the efforts to commit the
witness's wife to the State insane hos.
pital. L he witness told the marshal that
he was acting illegally, and after this
there was a whispered consultation be-
ween the marshal and turnkey. Then
the marshal asked Prince if he would
sign paper agreeing to have his wife at
the O'Clock train on the following
| Monday morning. Prince agreed to t his,
and was thereEpon released. He then
signed the paper and departed. During
| the conversation at the police station. the
witness informed the marshall that he
suffered from a weakness of the legs
when he got cold, making it necessary
for him to baths them. When he reached
the station his feet were wet. In his con-
versation with the marshal the witness
had asked why he could not send his wife
to Miss Fox 8 private asylum. Before his
visit to the station the witness had talked
on two or three occasions with the mar
shall about his wife S condition. He had
told the marshal that his wife was in
sane, but harmless, and that he Thought
he could care for her. but if that Wes
not possible it would be necessary to send
her to an asylum.
On cross examination Mr.. Prince said
that he did not, as the result of his ar
ret, lose any time from is work. He
then repeated is story of the occurrences
dU uQ6 police sUhtlOu. 41c Oou.cu tQaU
said at the police station that If the mar
shal took his wife to the asylum it would
be over his dead body. "Had you not
used words similar to these in other
places?"
Once, in the presence of my wife's
daughter in my own house. T" This an
swer was admitted after objection by
Gen. Mattocks, who took an exception.
The witness denied that he had also
made this declaration at the city govern
ment meeting, at which his wife's sanity
had been under investigation. He had
not nailed down the windows Of his house
to prevent the officers entering to take
his wife, The witness had said at the
city government meeting that he should
lock up his house if it was decided to send
his gwife to Augusta. He said this be-
cause he was satisfied that the proceed
ings of the aldermen were not legal. Gen.
Mattocks objected to the admission of this
evidence on the ground that in his state
ment in justification Of his action, the
defendant claimed that he made the ar
rest because of threats made by the plain
tiff at the police station. Gen. Mattocks
argued that it was therefore not compe-
tent to bring in these earlier statements