The Portland daily press., 1901-01-11
Marshal Cote Wasn't Legally Re.
moved From Office.
The Court So Instructed
the Jury.
Police Board Muddle More Com
plicated Than Ever.
lxrrcrIL TO TEE rnKss.I

nFEcIAL TO TIE IRRss1
Saco, January 10 After i've hours de-
liberation, the jury in the case of sx-
Marshal Daniel Cote against the oity of
Biddeford, reported disagreement.
Mr.. Cote's suit was brought to recover
salary, under the claim that his removal
from office by the board Of police commits
sioners In July, 1898. was Illegal. His
writ covered period beginning jan
uary 9, 1899, when he was discharged from
bankruptcy in the United States cour. in
Portland, and In case he should win his
trustee in bankruptcy would bring suit
In his name to recover his salary from
the time OF his alleged removal till the
bankruptcy proceedings were concluded.
In his testimony, Mr.. Cote said he
was looked ont of the police station, on
the evening OF July /, after he had
loaned his key to Chairman E. ID. Banks
up Mayor e. W. Staples, an ex-otficio
member OF the police board, and informed
hiIl that the board had acted illegally
and that he (Cote) waived none Of his
rights, but claimed to be still the city
marshal OF Biddeford, he testified. fur
ther, that the next legal day after being
locked out he went into the court room
prepared to perform his duties In the
arraignment Of prisoners, found Marshal
Harmon officiating there, and was In
formed by Judge Cram that Harmon had
been recognized as the real marshal. Mr..
Cote said he had ever since been ready to
perform the duties Of bis office that be
had SO informed Mayor Staples and also
stated his claim to Mayor Hamilton, who
succe eded Mr.. Staples in office.
MIR. Cotes statements about conversa.
tion with Mayor Staples was corroborat.
ed by deposition from tine latter.
Chairman L. IL Banks of the police
board testified In defense OF the city that
he did not purrow ntalshal O0te'S hoy 60
the police station, but asked him for 1t,
and after being once refused, received
from Cote's hand not only a key to the
police station. but key to the marshaPs
private office; that July 8 Secretary
Horace Ford of the board served on Cote
notice of his removal from Office and
the election OF Charles b. Harmon as his
successor; that Cote had never maize to
him or filed with the board claim to
the office from which the board removed
him.
Marshal Charles b. Harmon testified
that Cote was not locked out; that only
one Of the polics station locks was
changed, and that not till more than u
week after Cote's removal. Deputy Mar
shal James Mogan testified that the night
refore Cots's removal some seized
liquors were moved from the police sta
tlon, at the request OF Cote. who stated
at the time that he was 20 abandon the
office to the new marshal.
The police. board record OF Marshal
Harmon's election contained clause,
Sin place OF Daniel Cote, removed
Banks said, in cross-ex.
that he did not deem 1t neces
sary, under the law establishing the com
ing any member of the old police force.
Solici tor f. W. Hovey wanted to take
the case from the jury after the evidence
was all in, and send 1t up to the law
court on report, but Messrs. Haley, the
counsel. would not agree to
that proposition, Then MIR. Hoyey moved |
that verdict be directed for the defend.
ant, but Judge Powers denied that mo-
tion.
After the case had been deliberately ar
gued by the attorneys, Judge Powers oc.
cupied half hour in charge to the |
jury. He said, In substance, that Daniel |
Cote was marshal at the time of the pas |
sage of the law creating the police COM
that the law gave the board
power OF removal, but there is no evil |
dence in the case that Cote was ever
legally removed.
AS to compensation, If the plaintiff Is
entitled to recover anything, he Is en-.
titled to the full salary of 81 per day, for |
the period covered in ths writ. II the |
plaintiff was rightly entitled to the |
office, the fact that another person per- |
formed the duties of the Office and was
paid the salary. would be no defense, |
providing the atty had notice of MIR. |
Cote's claim.
Considering the question of notice, the |
court instructed the jury that II Mr.. |
Cote. told Mayor Staples. and afterward |
Mayor Hamilton of his claim, they being |