The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1901-01-12


Attorney X. Il. whitehouse appeared for
the state. Desmond was seated outside
the bar awaiting tine outcome Of the pro-
ceedinEs, which, from the expression OF
his face, he hid not seem to fully under
stand. He Is q powerfully built young
nan. appearing to be not more than 70
or 20 years Of age.
Mr.. Comedian began HIS argument by
reciting the basis on which he had Pc
titioned the court for the Issue Of this
writ. He said that he was prepared to
introduce evidence showing that Desmond
had been falsely arrested, and that hay-
ing once been falsely arrested without
warrant by Mr.. Piummer the deputy
sheriff could NOS later swear out war
rant to no ID him. Mr.. Conneilan quoted
some authorities on this point In proof
Of his argument, and offered to put on
his evidence.
Justice Strout said that tor the time
being he would not hear .his evidence,
but would allow Mr.. Comedian TO pro-
coed to argue the second point In his case.
namely, the elsim that the man Des--
mond was wrongfully detained because
Of the fact that the complaint charged
him with the commission Of Q crime ut a
time when 10 was physically impossible
for him TO have committed IL.
He then produced copy Of the com.
plAint on which Desmond was held In
the lower court, which, besides the
wrong date. did not set forth the fact
that he was bound over for the commits
sion OF any crime. The recognizance
papers were also produced by Mr.. Con-
neiIan, In which the same errors CO.
Cured.
Mr.. Witch ouse, the county attorney,
argued that to secure the release OF Des-
mond Mr.. Comedian had taken the
wrong course, as he should have moved
to quash the complaint because of the
error, and that habeas corpus proceedings
were not applicable In this matter.
Both Of the lawyers presented their
cases very ably. and quoted from numer-
GUS authorities In support Of their arsu-
meuts.
Justice Strout, when both had oonclud.
ed, said In substance that the complaint
against man brought before the court
must reoite the charge OF crime CON-
mitted. The difficulty with this com
pIaint is not the technical error. mere
matter of form, but it does not charge
that a crime has been committed. 1t
charges q crime to he committed next
December, and on suoh a charge. no hear
ing could have been held In the court be-
low. The thing is impossible, as the com-
plant charges no crime at all, The par
son was arrested and bound over, and Is
held by papers on which do not appear
the charge OF crime committed. 1t Is
not plain that the original complaint
differs from the recognizance papers on
which the man Is now held, and do not
see how the prisoner can be held on these
papers. In fact. tho court below had
no jurisdiction in this case, and must
order the prisoner to BE- discharged.
When Justice Strnut had delivered his
opinion in the matter he at once arose
and left the court room. Mr.. Comedian,
counsel for Desmond, turned towards
his client and nodded his head. Deputy
Sheriff PIummer hurried from his seat
In the court room to MIR. Whitehouse,
mond could be arrested again. Mr.
Whitehouse said ives" and started TO
say more, bat MIR. Plummer was gone
like flash.
The crowd had begun to move towards
the rear door OF the court room, ana
Desmond. surrounded by grinning
acquaintance, was very near 1t when
MIR. Piummer pushing his way through
the jam got within reach of him. lie
managed to get hold OF Desmond's
shoulder, and stopped his further pro
gress.
This action of the deputy sheriff was
witnessed by the crowd inside the bar,
as well as OUTSIDE OF 1t, and Immediately
there was scramble towards the place
where the man Desmond and Mir. Plum
mer were, surrounded by SCORE or more
OF people all jammed into a narrow aisle.
The dignitied attor neys inside the bar
stood upon chairs. on top Of the railing
about the bar, and almost climbed over
one another to see what was going on.
WHAT they witnessed was well worth
seeing, because 1t was almost as exciting
as a football game.
Mr.. Piummer had got In front OF Des-
mond ana between him and the door, and
was blocking his progress. Deputy
Sheriff Skiliings was making frantic
efforts to push his way through the
crowd to reach MIR. Plummer. There was
some indication that the friends OF Des-
mond and Desmond himself might resist
Mr.. Plummer's efforts. and war was in
the air.
At this moment, when Mr.. Plummsr,
with his hands on Desmond's shoulders,
was forcing him back through the aisle
into the court room, MIR. Comedian saw
the jam of people, and hurried to the
spot.
"Havs you warrant for this mans
arrest?" asked Mr.. Comedian.
MIR. Plummer said that he did not
have, but was going to get one, and was