The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1901-01-08
Who Was Arrested for
Pocket Peddling.
Result of Liquor Cases Heard in
Municipal Court.


about all day yesterday aud so they die
not have an opportunity OF making any
seizures during the Cay.
But the day was not without Incident
as Constable L. Il. Hartnett served TWO
writs on Deputy Sheriff Charles A.
Plummer issued on suits brought against
him by Daniel j. Desmond, one for as
sault and battery and the other an action
In trover for the value Of flask with Its
contents of whiskey, the same whioh
figured In the charge against desmond
on Saturday afternoon for pooKet
peddIing. The ad damnum In each case
was $50 and the writs are returnable o1
January 10Th.
Attorney James A. Comedian, counsel
for Desmond, said yesterday when APP
preached regarding the suits: "Ihey are
the outgrowth OF deputy Plummer's ac-
lions hen last Friday morning accord
ing co his own testimony on the stand he
entered o Hare's, No. 90 Pleasant street,
without q search warrant, chased Desmond
who happened to be in the room, out OF a
rear door and caught and held him while
he conducted a personal search resulting
in his securing flask OF whisky. Then
he arrested DeSmond and took him before
the court as a pocket peddler."
"rhese suits have been brought with a
view OF testing sheriff's power by ascer-
tanning whether without warrant Tor
the search of mans person he may hold
him up and compel him to submit to
search.
MIR, PIumlner gave bonds for his APP
pearanee.
Mir. Plummer had little to say about
this matter yesterday afternoon when
asked regarding It.. lie said that the law
allows a sheriff to arrest ana search when
person Is caught In the act of selling
iiuuor as was the man IN this case. MIR.
Plummsr said he was not worrying much
atout the matter and thought Mr.. Des-
lmond would not be very likely to get tn e
damages be sues for.
In the Municipal court George W.
Hunt. arrested on a search and SELF Ire
warrant, was discharged by Judge Hill
after a hearing.
Hunt contended that the liquor found
by the officers behind gas radiator was
not his and that he had no previous
knowledge OF it on his premises. He said
1t must have been there whom he moved
in last October. lie maintained the
liquor found in glasses belonged to a
friend who had rowed to Portland from
Peaks island and being chilled by the
journey had purchased liquor at nearby
resort bringing 1t to his shop to drink. The
latter process was interrupted by the ar
rival OF the sheriffs. This testimony
was corroborated by other witnesses who
said they saw Hunt give the men mon
sy to go and buy liquor and saw them
bling IL In. o
III. Z. Frank, Esq, appeared as coun'
sci for Mrs. Catherine Dumphy and Miss
Kate Ryan, who were arrested on Sunday
charged with selling liquor on Forest
avenue. MIR. Frank raised the point that
the warrant in Kthis case having been is
sued by the recorder OF the Municipal
court on Sunday was illegal and he
asked to have the respondents discharged.
This matter was taken under adyisement
by the court and the cass was continued
until Wednesday when Judge Hin will
In ths case OF Agnes Haley charged
with maintaining nuisance at 10 Deer
street, the taking Of evidence required
the entire afternoon. Assistant County
Attorney SCOTT Wilson appeared for the
state and as this was his first appearances
in this capacity for the state he was lis
tened to with much interest by all who
were present. 1t was the universal op1n :
DIN that MIR. Wilson acquitted himself
very we'll and showed that in examining
witnesses he is remarkably clever.
dennis Meaher, Esq, appeared for
Agnes Haley and presented evidence in
tending to show that the woman had not
Kept this liquor for sale and that the men
found in the house 1T the time of che
search by the officers were her boarders.
The state put IN evidence to chow that
willis four dozen bottles of lager beer had
arrived at the house only Saturday after
noon sixteen empty bottles had been
found In the cases, showing that this tear
could not have been consumed by Agnes
Haley alone.
Mr.. Maher also commanded that the
woman could not be held for nuisance on
one seizure, but MIR. Wilson argued that
it was not the number Of seizures but the
circumstances attending the seizure
whioh showed whether the respondent
was maintaining q nuisance. In the end
Judge Hill held the woman in $500 for
the grand jury. She had not secured bail
at six o'clock.