The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1901-01-12
After He Had Been
Discharged.
A Suit for Assault and Battery
Is Now Threatened.

the close Of the hearing on the habeas
corpus proceedings IN the case Of Daniel
]. Desmond in the Supreme court room
yesterday afternoon about O'Clock
When Justice Strout ordered the man
discharged from custody because OF
technical error in the commitment pa
pers In the case Desmond started for
the door of the court room. He was
stopped by Deputy Sheriff Charlss A.
Plummer who attempted to detain him
without a warrant Mr.. Comedian, at
suade MIR. PIummer to release his man
and failing in this told Desmond to get
out Of the court room and to crowd by
the deputy sheriff. A sort Of a sorim-
mage ensued with Desmond and Mr.,
ConnellAn on one side and Deputy Sher-
ief Plummer reinforced by Deputy Sher-
III Skillings on the other and there was
great excitement in the court room fog a
minute or two until County Attorney
whitehouse called Mir. Plummer OF and
allowed Desmond to 60 free.
Mr. Comedian said last night that be-
cause of what he termed Deputy Sheriff
Plnmmer's unwarrantahls assault on
Desmond he should today bring suit
against him for 80. 600 for assault and bat
terry and fal:e arrest.
1t will be remembered that Daniel j.
Desmond was taken on the morning of
January 4th in the place OF Martin
o'Hare, by Deputy Sheriff Plummer, who
had pissed the watcher at the door with
out being re ognize d. Desmond, so MIR.
PIummer says, was behind the bar when
he entered the pla ce, and started to run
away. Mr.. Plummsr says that he head
ed the man of, and accused him Of sell
ing liquor. Desmond said that he had
not been sell Ing liquor. and volunteered
to be searched, or at least threw up his
hands as though he offered hims to be
searched. Mr.. Plnmmer pulled a bottle
OF liquor out of his pocket, which Des.
mond claimed belonged to him, and
which, he said, he had bought this night
before at q drug store. Mr.. Plummer
had no warrant when he entered O'Hare's
place, but he told Desmond to come to
court that morning to answer to the
charge of maintaining a nuisance. Des.
mond was left inthe custody of Martin
o. Hare, and at O'Clock that morning
appeared in the municipal court, where
he was formally arrested on the warrant
charging the maintaining of a nuisance.
This warrant, as It now appears. read in
the usual formal manner that between
December "a, 1901, ana January 4th, 1901,
the said Desmond had maintained
han Iou nf
street, by keeping for sale Intoxicating
liquors. Desmond was held on this
charge by Judge Hill of the municipal
court, and bound over to the grand jury.
He was at once bailed out, but later his
bondsmen, or one OF them, surrendered
him to the sheriff. Desmond was then
held by the sheriff by virtue OF the rscog
nizanee papers, which were copies OF the
complaint.
The discharge OF Desmond was brought
about through this error In the making
out Of these papsrs. MIR. Plummer, or
whoever made out these papers, undoubt-
eddy meant that Desmond had main
tanned a nuisance "between December
"a, 1870. and January 4, 1901. )" but by q
mistake the year was given in the first
date as $780," instead Of 1900.
Mr.. Connellan petitioned for writ Of
habeas corpus. on the grounds that Des-
mond had, in the first place been iIlegal-
ly arrested by being searched and taken
into custody without warrant, and In
the second place he claimed that Des-
mond mad been charged with committing
crime between the dates OF January
4th, 1901, and December "a, 1901, which
was PHYSICAL impossiDiltty.
Because OF the fact that Mr.. Comedian
had already brought suit against MIR.
Plummer for assault and battery and TO
recover the liquor which had been taken
from Desmond by him these habeas
corpus proceedings had attracted large
crowd to the supreme Court room yester-
day afternoon, when the hearing was 60
take place. In this crowd were many OF
the prominent attorneys OF the city. the