Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-12-10
THE LAW COURT.
New Trials Granted in Cases
Of Dionne and Leave.
Convicted Of Larceny Of Money from
Michael Burns Person.
The Exceptions by Counsel Relating to
Judges Charge Sustained.

noon. by its entry exceptions Sus-
tanned" granted a new trial to Jeri-
miah Dionne and Joseph Albert LIE
Fave. who We're jointly convicted at
the September term of the Kennebec
county superior court of larceny from
the person of Michael Burns of $147.
The alleged robbery occurred, last
March, at the London house, so called,
in Augusta. of which Dionne was the
proprietor. Dionne was arrested the
| next day. but it was some weeks before
LIE Fave was apprehended in Montreal
| through the detective ability of Major
4. E. Hartnett, an Investigator of
| crime. connected with the attorney
generals Office.
| After the rendition of the verdict Of
guilty" by the jury several exceptions
were made by counsel for the defend
ants. Dionne was represented by Ben
edict F. Maher, Esq, and George c.
| Sheldon. Esq: and LIE Fave by Lewis
A. Burleigh. Esq.
The exception which the court passed
upon was made by Benedict F. Maher
esq. senior counsel for Dionne. Mr.
| Maher received many compliments
| from the members of the bar and
others OH his knowledge of law in the
matter The exception was as follows:
Il. Statements, admissions or con-
fessions Of Joseph LIE Fave are not adj
| Missile as evidence tending to impli-
| cate jeremiah Dionne.
50. And any admission or confess
| sion Of Joseph lie Fave must be entire
ly disregarded as connecting or tend
| ing TO connect Jeremiah Dionne with
| the offence charged"
At the trial evidence OF an alleged
confession of LIE Fave made to 4 detec-
tive in the absence OF the respondent
| Dionne was introduced. The court
ruled that the confession was admissi-
| BILE but that no person other than lie
Fave should be named in the alleged
confession. The alleged confession was
testified to and whenever q third
party was implicated he was described
| by the witness as the other man." and
not by name. The respondents contend
| that by the admission of this alleged
confession of the other respondent, lie
Fave. Dionne was prejudiced by the
refusal of the court to give the instruc-
tions requested as set forth in this
exception.
On motion of County Attorney Leigh,
| the entry was made exceptions sus-
| tanned, new trial granted" Mr.. Leigh
stated TO the bench that he regretted to
| be compelled to consent to that entry in
view of the history of the case as he
was aware that the requested instruc-
tons by the respondents counsel of
the alleged confession should have been
given to the jury, and that the presid-
| ing judge undoubtedly believed that he
| had covered the matter in his charge.
| which he had not done.
County Attorney Leigh said. lost
night. that the cases against Dionne
and lie Fave will be in order for trial
at the January term of the supreme
court and probably will be reached the
| third Tuesday of January.
The case of the city Of Waterville,
| in replevin. vs.. John Clifford. was
argued by Hon. $. S. Brown for the
city and Hon. Warren c. Philbrook for
the defendant. The plaintiff claimed
that in March. 1908. certain persons,
then members Of the Waterville fire
department look from the rooms occu-
pied by the members four pictures and
four tin dippers which were the prop
erty Of the city.
1
| a social organization which existed
among the members of the company
as voluntary association and that this
association owned the property and
not the city and therefore the city
conld not recover in this action.
| The testimony showed that the dip
rers We're bought by members of the
association with funds which it ac-
| Iofo o,,cr1,
self imposed. AS to the pictures the
claim Of :he defendant was that one
| was presented to the association by a
| former member, q second was bought
| by voluntary contributions CT the
members and presented to the asso-
citation. ana as to the other two pic
lures they We're found by members Of
the association in the attic of the fire
building and cleaned and framed by
them and hung on the walls of their
ROOM These last two pictures. accord
| ing to the testimony, belonged to for
mer fire company and that none of
this property was ever the property of
the city.
! A number of Kennebec cases were
heard, Wednesday, and the docket had
not been completed when court adj
JOurned, last nlSnt, until 9.3O CLOCK,
| this morning.
| Among the out-Of-town lawyers pres
ent at Wednesdays session We're l.. B.
Deasy of Bar Harbor and r. +. Dunton
| of Belfast.
! The following rescript was handed
down, Wednesday,:
Cumberland County. Fred V. Mat
thews. VS.. Williams Manufacturing
Company. The Dixon Paddock Lum-
Der Company and H. Lowell & Sons.
Rescript by Whitehouse, J.
inadequate instructions and those
that withdraw from the consideration
of the jury the evidence relating to the
princinal question between the parties