Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-01-13
SUPERIOR COURT.
Opening Of the January Term,
Justice Hall Presiding.
Unusually Large Number Of Civil
Actions Marked "For Trial."
Burns Robbery Case Will Again be
Tried at This Term.

Methodist Episcopal church of Angus
Ia. James. l.. Merrick. who was excus-
ed for the September term, took his
oath as q member of the grand jury.
The grand jury Immediately began its
deliberations and will be in session
the greater part Of the present week.
The following members Of the bar
We're in attendance: Warren c. Phil
brook, $. ). Brown. Charles F. john
son, Fred w Clair, Harvey D. Eaton.
Dana p. Foster. c. w. Hussey j. A.
I.aterneau Waterville; George w.
Heselton Will G. Atkins. Guy a. Hill
dreth, Gardiner; Fred Emery Beane,
HallOwell George :. McCarty, city
solicitor of Lewiston; Charles ID.
Newell of Richmond, county attorney
of SagadahOc county: George NJ. Chap
man, Fairfield: George w. Field, l.. 4.
Hunton, Oakland; Charles l.. Andrews,
Thomas J. Lynch. Thomas Leigh. An
son NJ. Goddard, Benedict F. Maher,
NJ s. Holway, George c. Sheldon.
Frank g. Harrington, Willard L. Nc
FadGen. Melvin f. Sawtelle, w. H.
Fisher Fremont J. G. Little, Joseph
| Williamson, f. w. WhitehOuse, +. NJ.
Thompson, Frank l.. Button, Augusta.
, Tuesday was occupied in the calling
OF the docket and the assignment of
cases The civil list is an unusually
long one and there are many actions
marked for trial" During the latter
part of the afternoon divorce cases
heard by Judge Hall.
Deputy Sheriff Bean of Augusta,
went To Portsmouth. last week, to look
over the records of persons holding
United States licenses for the sale of
Intoxicating liquor in kcnncbec coun-
ty. ana found not a name of Il person
holding such a tax. In the past not
only in this county but in every other
county in the State just previous to
the session of a grand jury an officer
has gore to Portsmouth to ascertain
who held licenses. The possession of
ii special tax for the sale of liquors
has always been considered prma
f.;Sie evidence that person has been
engaged in the business, and many
grand jGres have returned true bills
on this fact alone. Despite a recent
ruling of the treasury department that
the books would not be open to pub
lie inspection. Deputy Sheriff Bean
was shown every courtesy and was
allowed to perusc the records at his
pleasure.
Th.. books disclosed the fact that in
the county OF Kennebec there are 81
persons who hold spe cial taxes for the
sale of Uno beer so called, which is
under the three per cent. limit of al
cohol allowed by the Maine statutes.
The cost of Il UnO beer tax is $4,000
per year. which is the same for the
sale Of lager beer. ale or any other
malt liquor.
The grand jury will, Wednesday. con-
slider the case of John BrOmily. who is
in Jail charged with the murder Of his
ncighbor, Hosea Stephens. at Rome.
last November. If an Indictment for
murder is returned against Bromily
he will not be tried until the March
term of the supreme judicial court.
Justice Spear presiding. as the judge
of the superior court does not have
jurisdiction in murder actions. BrOmily
has retained Harvey d. Eaton, Esq,
oc Waterville. as his counsel.
The second trial of Jerry Dionne
and Joseph Albert lie Fave. who We're
convicted of the larceny Of large
sum Of money from the person of
Michael Burns, proprietor of the
Riverside house in Augusta, will
take place at this term. At the
September term of court the men We're
convicted. the jury celebrating on the
case but II minutes. Benedict +.
Maher ESQ.,. of Augusta, senior cOun-
sci for Dionne. carried the case TO the
law court raising the contention that
the presiding justice refused to in
struct the jury that the confession of
lie Fave made to Major L. +. Hart
nett of Portsland. an investigator OF
crime connected with the office of the
attorney general. should not be used in
any way to implicate DiOnne with the
commission of the crime. The law
| court sustained the contention Of Mr..
| Naher and ordered Il new trial.
The case has attracted nearly as
much interest as murder case. On the
irvening of March 10 last. Burns was
| found in the rear of the London house.
50 called in an unconscious condition.
Upon recovering consciousness ne re-
ported that he had been robbed.
Dionne. the proprietor of the London
house. was arrested the following day
!.e Fave was apprehended in Montreal
through the keen detective ability of
Major Hartnett
From the fact that Dionne and lie
Fave were jointly indicted and jointly
convicted. it was necessary that each
of them should be granted new trial.
The case has been quite an expensive
one, but part of the costs will be paid
from an appropriation for the proven
tion of crime which is expended under
the direction of the attorney general
The bound over cases are as follows:
State VS.. Weston Davis of Gardiner
larceny: State W. John Chamberlain
of Oakland. breaking and entering and
larceny: State VS.. A. n. Langley OF
Medford. Mass. cheating by false pre-.
; fences; State VS.. Charles Lessor OF
I, Augusta, larceny; State VS.. JOSEPH
i Jenness OF Waterville, breaking ant
: entering in the night time.
The traverse jury has not been or
{ dA.,e1 to report until next Monday.