The Portland daily press., 1899-12-07


60 be sold by him, and the court has nc
doubt that such was the fact in this case.
Inasm uoh rs the purchaser had no law
full authority 20 sell, n be intended ts
seil them In this state, he Intended to sell
hem unlswfuiIy.
1.-The purchaser gave promissory
note for a portion OF the purchase price
Of such Intoxicating liquors, which note
came into the possession Of q third party.
Held, under the evidence that this third
party was not a holder for q "valuable
con sideration. Giving full effect TO tnis
psrty's testimony, IL would appear that
he paid nothing for the meta. aud that
he agreed {, make payment only 10 case
he succeeded In collecting. Such con-
sideration Is not "vslusble.
III.--The notss In silt were given 10
the three holders In renewal Of tbs origi-
nal Invalid meta and were afterwards
endorsed to the plaintiff who Is not u
holder for value. Altaoush there may
have been a new and independent consid-
erat on for the removal notes, yet the
old consideration remained. The illegali-
~ was not purged.
IV.-The oonsideratl On OF the notes In
suit Tin part at ieastl having been intox-
rating liquors purchased with intent
that they should be unlawfully sold In
this stste, and neither the plaintin nor
the person from whom he resolved the
notes, teing a holder for valuable con-
sideration, held, that the statue, X. L.
chap "a, sect. So. affords perfect de-
fense.
Judgment for the defendant.
Kennebec, SIS.
State VS.. John Merrill. Rescript. (No
opinion.)
savage, J.-This case is made OF copy
of the Indictment lin tins ordinary form
for msnslaug hter), the bill OF exception,
(which contains no st itement Of facts in
evidence or of tie claims or positions,
either of the state or the respondent ID.
and the charge OF presiding judge.
1t is the duty of tbs excepting party to
state In his bill Of exceptions enough OF
tine case, enough of the issues OF fact that
were presented, enough OF the claims OF
the pal ties on one side and the other, to
enable the COURT to determine whether
the errors complained OF are material or
immaterial, whistler they are vital or
harmless, OF, in other words whether they
might have affectt d the result Of the
trial.
Tbs excepting party must set forth
enough to show that t1e rulings excepted
10 we're both wrong and prejudicinl
Failing to do this, he takes no benefit by
his exceptions. The charge Of the presid-
ing Judge, when made part OF the bill OF
x ssptions, cannot be regarded as a state
ment Of the facts In the case. -or OF the
positi ons Of the parties. 1t may be ex-
tended In connection with the bill Of ex-
ceptlons, to ascertain whsther the alleged
erroneous rulings, taken together with
the other instructions OF the presiding
Judge. are, in view of the issues pressnt'
ed by the bill, wrong or prejudicial.
But considering the gravity Ct tue
charge against the respondent, and the
serious consequences which may attend
his conviction, We have examined the en-
tire charge Of the presiding judge to sse
II the passages excepted to were wrong,
or could have team harmful 10 any view
of tie case so far as 1t Is presented In tee
charge itself. And II We assume that the
charge as given was relevant to the is
sues presented by the testimony, we ,hink
the exceptions taken by the respondent
ought not TO be sustained.
Exceptions overruled.
U. S. DISTRICT COURT.
The grand jury yesterday morning
made report and the following indict-
ments were inade public;
Charles A. Goodwin, Stetson, violation
of the internal revenue law.
Joseph Jarvis, Miliinoeket, violation OF
the Internal revenue law.
Katherine A. kkstrome, Hall Quarry,
Mr.. Desert, violation of the Internal rev.
enue law.
Alfred Pero, Oldtown, violation of the
Internal revenue law.
Thomas Gardiner, Allegash Plantation,
violation OF the internal revenue law.
John Casey, Allegash Plantation, viola
tion OF internal revenue law.
John Casey and Thomas Gardiner were
arraigned. Each pleaded guilty and
each was sentenced to pay line OF 500
and to serve 30 days in Portland jail.
Petitions in bankruptcy have been filed
by:
Samuel p. Winslow, Rumford.
John W. Nash, Wales.
Charles II. Lord, Mechanic Falls.
Edwin L. Mason; Wlndham.
A petition In bankruptcy has been filed
by Herbert l.. Whittier of st. Adams.
SUPERIOR COURT.
Isaac S. Skillin va. Percy Il. Loring.
This Is controversy between two