The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-11-03
AGAINST CITY MARSHAL HARMON.
Portland Man Sues Him for False Ar
rest.

was that of John S. Mason against City
Marshal Harmon of Biddeford. The case
is an old one, having been put off from
time to time.
Mason enters suit against Harmon for
$4,000 for false arrest.
Mason is a we'll known Portland man
about SIS years old who was at that time
as he had been for years, in the employ OF
John l.. Best. Mr.. Best sent Mason to
Biddeford to bring back team which
had been left at a livery stable there.
MIR. Gowen, the stable keeper, was alb
sent and the hostler refused to give up the
animal to Mason. He had money to pay
for the keeping and was prepared to give
bonds if necessary. He finally decided to
consult an attorney and it was while on
his way that, as is claimed. he was set
upon by Marshal Harmon, who used
abusive language, and roughly dragged
him to Jail.
Mason also claims that he received in
iuries by this rough handling that have
seriously interfered with his work ever
since then ~
Mr.. Mason WAS defended by Edwin e.
Heokber while George +. Haley, repre-
sented Marshal Harmon.
After the opening argument was made
by Mr.. Heckbert Mr.. John Mason took
the stand.
Mr.. Nason-sI went to Biddeford at
$50. had letter for Dennis O'Connor
with check for ten dollars from Mr.
Best to pay the bills. Mr.. O'Connor and
myself went to Mr.. J. 4. Governs stable
and I identified the property. offered to
SETTLE the bills and staid until about
l445''
ibid you take any intoxicating liquor
while there?''
mot drop, SIR !"
"Then what did you do?"
"Mr. O'Connor and myself were then
going to an attorneys. In front of the
Thatcher house Marshal Harmon jumped
out at me and crushing me to the side
walk, said: You damned old horse thief,
I've been looking for you
Mr.. Mason then went on to state how
he had been dragged tosjaiL How he had
told Marshal Harmon why he had come
to Biddeford, and how after moro or less
consultation he was released and came
home that Saturday night after promising
to return the following Tuesday.
"What was your condition the next
day?'
"My arm and shoulder were black and
blue and was all bruised up SO could
!, hardly move. 1t was three or four months
J before the pain disappeared, and I have
never been able to do full days work
since"
Ibid you return to Biddeford?"
eyes, l went back Tuesday and went
up to Squire Hamilton's. went into the
court room; no one said a word to me and
after ten minutes I came OUT
j On cross-examination Mr.. Mason stated
J that Marshal Harmon searched him and
took his knife and money. Mr.. Mason
} denied that any bottle was taken from
J him, adding that he never carried one.
No charge of drunkenness was made by
Marshal Harmon when he was arrested.
Mr.. John f. Gowen and M. Dennis
|O'Connor testified to Mr.. Mason 8 sobriety
and corroborated Nason's story of the ar
rest.
James Fl. Tarbox, Henry Melancon
and Edgar f. Small all thought Mason
sober. Tarbox said he heard Harmon say
horse thief.
DIR. Topliff and Mrs. Mason testified as
to the plaintiffs injuries.
In defence Mr.. Harmon took the stand
: and testified that he arrested Mason for
being drunk on the street and Jcstling a
lady. He said O'Connor was with him
and that he threatened to arrest him if he
J interfered. He said he never called Mason
a horse thief. Mason was put before the
court for drunkenness sand was let off
with fine of 81 in consideration of his
; poverty.
On cross sxamin Mr.. Harmon
| stated that he used no undue force what
ever, but treated the plaintiff with all the
consideration to which he was entitled !;
even ia king the trouble to send an officer
with him to the train.
Several .other police officers we're called
who oorroborated the main points of the
city marshals testimony.
B. F. Cleaves, the present judge of the
Biddeford Municipal court, witnessed the
arrest. ana I0bUlll6u Uuou ldTllUu uSeu uO
undue force, and that the plaintiff was
intoxicated.
The warrant sworn out against the
plaintiff was introduced. Mr. Heckbert
raised the point 81. law that the proceed
ings in that court were illegal on the
ground that the judge was absent, and
that the warrant did not recite that fact
which was necessary, in order to give the
recorder authority to act. This point was
oyerruled by the court on the ground that
the legality Of those proceedings could
not be attacked in suit between third
parties. te
The arguments were concluded at
quarter of six, and the court then ad-
journed.
ARRESTS DURING OCTOBER,
There were 251 arrests in this city dur
l