Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-08-21
PENosscoT SUPREME COURT


me cezEg-
The most interesting feature and the
| a-s. statement Of County Arrov1eg
] Smith sirace the liquor question rarne
f--n Esy1orniyaenee Eas heard near tire
| clase Of the forenoon sitting o< ire
eour1 The first lfqnor case for tsae
term was that Of Frank W Daygsn.
uyorTS=eer Of the Windsor hotes- wno
! came into eoGrt and Rad his "a - 81 in
dietnent for q liquor nuisance taken
W.
County Attorney Smith in addressing
The court ssss: in taking up tire case
/ against the respondent. wish 10 STATE
that ali the indictments for liquor Tu5-
sance were made against men wssD did
not cancel their stamp al some tire
rgrfe- 10 June 81 No Ir17Ec1neTzz was
found against any man who surrender
ed his stamp prior 10 that date
In making the setry Ct mol pros in
this case desire it 10 be PLACED in zb=
record. the reason for such action that
there may be 10 misunderstanding IN
the natter in the future IN relation 10
other cases that may BE- heard later
II the term
BY & misunderstanding Of the record
of the internal revenue collector II was
| presumed that the stamp tax held By
the respondent vas not cancelled r,y5o-
to June 30 By letters from the collee-
tor il was shown thar the stamp had
been cancelled prior 10 that date By
the respondent
On request Of the county attorney, q
mol pros. was entered as 10 the iadiet-
n7enL This. however. had nothing 10
do whatever with the case 81 search
and seizure made against fhe respond
ent al the time Of the general raid q
two uaeks ago. The case VIII Be taken
up later in the term-
The only case to be taken I'D and
heard al length was the case q State
vs.. John Z. Carter for assaussEng an
insane patient in the Eastern Marie
Insane hospital, on June e. t. rase
attracted some attention in Esazsf-
cipal court at the time ana Ia
dent was bound over to-a ne zr-a
ton Of the grand JRry EEe III M
dictment was founs sagzInsE hhn fer
the assault =
BY advice Of his Gunstf Judge T.
" yose. Carter pleaaed nos1 eonfen
dere 10 the indictnentx In his abe1faff
Judge yose addressed the dDurt at
some length in reciting ias4nets con
nected with the case. his state
ment. Judge Vose statedSthat it was
by mis- advice that the young man had
entered the plea of noio contendere and
trustetd that he had made no mistake
in throwing himself on the mercy of
the court after the facts of the case had
-
preparing a violent patient for bath
on the day in question. when his atten-
ton was called to some other part Of
the ward for moment.
When he returned he found Pierre
Pinette, the assaulted patient. untying
the straps of the violent patient He
demonstrated with him and sent him
cut in the corridor and told him to sit
down in a chair there. He at once be-
gan making noise with his feet, dis
turbing the other patients on the floor
Carter went 10 him and at this point
there seems TO have been a difference in
the testimony of the witnesses in the |
lower court as TO what happened there |
According to the statement of the re-
sp6ndent the patient slipped of the chair |
10 the floor and began biting his legs. |
while DR.. Foster states that the patient |
was Knocked TO the fieor by the attend |
ant with the fiat of his hand and there
Kicked. while the respondent said ne only |
shook his leg in order to get away from |
him.
Dr. Foster was attracted by the noise |
and witnessed the last part of the affair 1
unheknown to Carter. After the affair /
was over DR. Foster asked Carter if that /
was the way in which he treated pa
tents and Immediately discharged hin, |
and made a complaint required by the /
statutes in cases where an insane patent |
is badly treated.
Judge Vose read the statutes to the court |
and stated that in mis- opinion the statute
did not intend that this young man 1
should be punished by a fire of SIe0 or
more or an Imprisonment of 80 days il,
a case of this kind. especially as there
any part of the head or body of the pa
tient after his alleged rough treatment.
lie thought very likely that the young |
man acted little more forcibly with the
patient than he would have done other
wise had he not been greatly provoked |
and also had not been bitten before by
the same patient so as to tear through
to his underClothing.
County Attorney Smith stated that ne
had made personal inquiries into the mat |
ter and was satisfied that it was not an |
aggravated case and was more from the
temporary loss of control of the young |
mans temper than anything else He
would be wiling to acquiesce in any reas-
enable proposition that might be made
~ the counsel for the respondent
In reviewing the case Judge Peabody
said that while the cases of this unfortu
late class of people needed the best pos
-ible care and attention, and that thei,
Ittendants should not be allowed to
roughly use them in any way. il was
iery evident in this case from the fact
hat DR.. Foster stood by and saw the
tlleged assault. that it was not an aegra-
'ated one. Had 1t been. the doctor wo,,ld
rave undoubtedly interfered before the Il
ase was settled between the patient ana
ne attendant 1t appearing to the CONT ,
nat the young man had always borne an
character and had been highly IL
commented to the hospital at the time
\ MS entrance there, the court stated
nat ne thought the ends of justice would l.
turing good behavior of the respondent
Mr. Carter left the dock and reeeivaa
ne warm congratulations OF a nnnaherI
\ friends on his release on the charge .
As there vas no further business ~ | i
ONE before the court until the 4. fts,..,.<s. Il