Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-04
The Lewiston Journal says regarding

The Lewiston Journal says regarding
the case:
Sheriff Cummings of Auburn, has
been sued for $1,000 damages for I'M
lawful arrest and detention, by Joseph
E. Woodbury., a driver of Lewiston
ten-cent team.
Last Friday night, one of Sheriff
Cummings deputies, Austin B. How
ard, arrested Joseph E. Woodbury. OF
Lewiston, on complaint of single sale.
They claim to have had complaints
Of sales of liquor by certain ten-cent
team drivers and they put up a job
with the Intent of investigation. Ar
irving by the train, they took passage
in Woodbury's carriage and asked him
for liquor He secured it for them at
the agency after some discussion.
In court, the next day, the case of
single sale was nol-prossed by request
of the county attorney. The point is
that in this transaction Mr.. Woodbury.
was not a seller but an agent of pur-
chase and could not be held.
Woodbury. had been detained at the
police station, Friday night; obliged to
secure bail: required to appear at the
ponce court WIFI attorney.
He has now entered suit for false
imprisonment.
The only person qualified to serve a
writ on a sheriff is coroner:
Coroner A. E. McDonough was there
fore entrusted with the writ. He found
Sheriff Cummings out when he arrived
at the sheriff's Office at p. M. He
came in soon: read the writ; remarked
that he was sorry to put the coroner
to much trouble; said that the after
noon was rainy and promised to be on
hand to attend to the case-never fear.
Mr.. Cummings bond is good for at
tachment and the coroner, leaving a
summons. departed.
Sheriff Cummings said that he did
not. of course, care to discuss the case
at this time. His deputies had, I'M
doubtedly, proceeded as had been indi-
Gated.
The writ In the case is as follows:
In plea of the case that the plaintiff
says that at Auburn in said county on
the 2Sth day of March, 1908, Austin B..
Howard. a deputy sheriff of the county
of Androscoggin, appointed and COM
missioned by Charles S. Cummings. de-
PENDANT herein. and sheriff of the cOun-
ty of Androscoggin, maliciousy and
with intent to injure the plaintiff, ar
rested the plaintiff and unlawfully and
by force compelled the plaintiff after
an unlawful detention at Auburn to go
with him to the police station in the
city of Lewiston, where he was re-
strained of his liberty for some time
without reasonable cause and without
any right or authority so to do and
against the will of the plaintiff.
And the plaintiff further alleges that
ne was compelled to procure bail, Sat
urday night, March IS, 1908, to obtain
his release from said unlawful arrest
and on the Both of March, 1908, he was
brought by said Howard before the
judge of the Lewiston municipal court
on charge of single sale and that the
complaint and warrant were mol pross-
ed by the judge of said court on the
recommendation of the prosecuting Of
ficer on the ground that there was not
sufficient evidence to sustain the COM
plant. all of which proceedings were
to the great disgrace and expense OF
the plaintiff and incorrect to the false
and unlawful arrest made by said
Howard. And the plaintiff further al
leges that the defendant herein is liable
for the unlawful acts of said deputy
so committed, whereby an action hath
accrued to the plaintiff against the de.
PENDANT to have and recover of hin
damages sustained to the damage as
he says Of $1,000.