Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1899-12-14

a
lowing letter from City Judge Finn of st.
Albans, before whom Carrigan was
tried
ST. ALBANs, VI, December IL, 1893.
L. b. JOHNSON, ESQ
Randolph, VI.
DEAR sIR:-In reply to your inquiry
with reference to the Carrigan case, and
the statements made in letter from Rev.
q. w. Morrow, which you say were, in
substance, that Carrigan was not tntoxi
Gated; that his fine was raised and paid by
the authorities, though the Anti Saloon
League stood ready TO pay IL; that the
charge against Csrrigan for furnishing
liquor was nolle pressed, and that Mr..
Morrow's letter conveyed the idea that
the authorities had been convinced they
we're in error In taking up CaTriPan, and
had since done all they could to rectify H..
will answer these statements in their
order: First, as to whether or not Csrri-
gan was intoxicated. Having heard and
determined this question as a court / do
not propose, nor do deem II necessary TO
explain, excuse or apologize for a ludg-
ment founded on the evidence In the case
as presented before the court, and which
not only convinced the court but must
have convinced any honest, intelligent
mind beyond a reasonable doubt that Car
rigan was intoxicated.
As so much interest has been manifested
trial Of Csrrigan might be OF interest, in
asmuch as Mr.. Morrow, II you report his
letter correctly, who was not present at
the trial, VINO can know nothing OF the
condition OF Carrigan on that Sunday
night at about eleven o'clock when be was
arrested, by his statements, made with
more regard TO eXcusing his own actions
than OF the truth and the facts, hippaDtly
attempts TO stultIfy the court and TO charge
with perjury the three officers who ar
rested Carrigan. and whose credibility in
this community cannot be impeached by
the hinge creakings from whited sepul-
chres.
! was called 10 the Jail office to hear the
case and upon my arrival there found,
/ among others, Rev. W. IL. IL. Avery, pres
4 dent OF the local Anti-Saloon League, X.
/ l.. Brough, secretary OF the League, and
| Mr.. Page Cochran, who, understand, Is
a prominent member. did not know at
that time they were 10 any way interested
in Carrigan or that Carrigan was a So
called spy, and supposed these gentlemen
were present to see the states attorney
about matters which | knew they were
usually anxious TO advise him about.
read the complaint to Carrigan charging
him with intoxleation and he pleaded not
guilty. asked him IL be was ready for
trial and be said he supposed be was. The
prosecution being ready the three Officers
I we're calied and each swore unequtvocally
that when they arrested Csrrigan the
night before at about eleven O'Clock he
was so intoxicated that be staggered and
they further detected the odor OF liquor
about him. They detailed the circuui-
stances OF tue arrest and that when they
got him TO the jail they found in his
pockets an empty pint and half-pint bot
l tie, " hich we're produced, and that both
the bottles bad bad liquor in them, which
was plainly evident. After the states at
Anfa had avs mi
the witnesses I asked Carrigan II he de-
sired to ask any questions, and be said no.
When the State rested asked Carrigan
whether or not he wished to testify, ana
upon his saying he did, he was sworn and
testified that ne had been drinking the
night before when ne was arrested, but
was not intoxicated. He testified as To
where he was Sunday afternoon and
night; about''chipping in" with the rest
OF the crowd to send out and get liquor;
about drinking with them, and, upon my !
inquiring about the empty bottles, said |
one he took down there to get liquor IN, |
but did not at the time state his purpose |
in doing so, and that the other bottle was
given hlm by one of the men with whom |
be had been drinking. After Carrlgan
finished his testimony | asked him II ne |
had any other witnesses and he SAID no /
On the evidence | found him guilty ana
sentenced him. During the trial Dr /
Avery and Mr.. Srough both sat there,
heard every particle Of the evidence, and |
vet az Avery now claims, knowing Carrl' I
gan vas not intoxicated, did not OF !
fer to testify, did not oher to get
him counsel, did not offer or attempt |
To ret the one witness, who, besides tue /
officers, saw Carrigan at the time OF his ar
rest, when that witness was within one |
hundred rods of the Jail office and mem
Der of the Anti Saloon League. And II is
upon what they claim this witness says 1
that they base their statement that CARR L
gan was not intoxicated, and TINS witness
is w q. Brown who, in letter published 4
in the Messenger, says he only saw Carri-
gan for 3 minute, and then through the
door only partly open as he, Brown, was
in his night clothes and didn't know who 4
Carriesn was, and didn't know there was
such a man here engaged IN such busi-
ness, which he most emphatically eN-
pressed his disapproval Of
DR.. Avery and Mr. Brough, to whom
Carrigan reported that Sunday night at
about seven O'Clock, both say be was not
intoxicated at that time. There was no
evidence that he was, but there was the
clearest of evidence that he was intoAicst-
ed about II O'Clock that night, and II Dr.
Avery knew anything about Cafrigans g
condition at or about that time, or II he
knew OF any one who did know, why dld
ne wait until after the trial and until the
next day to assert that there WAS no
small doubt ABOUT CarrlShu = pc'DS ~
toxicated 9n Why did he sit there
and leave Carrigsn apparently friend
less, without counsel end without
witness, and not raise hand or voice In
his behalfg Mr.. MorroS could not have
helped him because he knew nothing OF
the I. cts, but be did sll he could after
wards "a nen be produced on bis typewrit
ar MS style OF evidence and bad II read
from the pulpit. A good working type
writer win assert most anything you wish
IL TO, even TO totsl disregard OF ths
truth, providing you strike the Keys Just
right. Il
II was not until after the trial that
learned who Carrigsn was. His foriorn
sud friendless appearance led me 10 ques-
tion him to learn il there was anything
about him OF the circumstances OF the
case which would justify me in extending
10 him that leniency which Is in the ols.
cretiou OF the court. IL WIS then learned
for tne FIRST time that he was so-calleo
spy. -.
As TO Csrrigan's fine and costs being
maid by the authorities: The first inti-
nation had OF any effort TO pay the fine
4 business man, mot one OF the authorities, j