The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1904-11-10
The futile Case at Bangor.

fOllb"lHR Is tiB ftpHTi u lit nearing
before Judge Emery at Bangor, Thurs
day last, on the Warren Tnttle case, as
published in the Btngor News Of Friday
morning:
The ha5eas corpus proceedings brought
BY Z. Y. Merrill, Esq Of okOwhekaB
against sheriff Alfred II. Lang OF SON
erset county over Warren futile, pre-
prietor of the Skowhegan House, were
argued before Justice l.. A. Emery IN
the Judges room at the court house yes
lerday afternoon, beginning at 2 O'Clock
There were present at the hearing, be-
sides Mr.. Merrill, Judge o. K. Bacheler
of the Skowhegan municipal court, Ly-
man L. Walton. Esq., Sheriff Lang, Mr..
futile and County Attorney George W
Cover of Somerset county, who con-
Quoted the case for the State.
Although largely technical and unin-
terestIpg 10 argument, the law involved
In the case is Of great Importance and the
decision will be awaited with keen inter-
eat.
Warren futile is proprietor Of the
Skowhegan House. Nov. 20, 1902, he WAS
brought before Judge Bachelor on a
search and seizure and was fined 800
and the costs, amounting In all TO a little
more than GIL. Besides this, he was
sentenced to Jail for 30 days.
Forrest Goodwin, Esq, represented
futile at that time, and Lyman l.. Wal.
ton, Esq, appeared for the State. As it
was the object of the State 80 1t appear.
ed from the testimony yesterday, to reg
ulate the traffic OF liquor rather than TO
personally punish Mr.. futile, counsel
agreed that he should pay the fine and
costs and that the Jail sentence should
be held up as long as he should obey the
prohibitory law.
The 26.h day of this last month, near
ly two years after the first arrangement
of Mr.. futile, his place was again raided
by Sheriff Lang, and twenty bottles Of
whiskey were found secreted in various
places, together with glasses and syrup
for sweetening the drinks.
r. futile was again brought before
Judge Bachelor and the mittimus,
which had been suspended two years be-
fore, was signed and givsn to Sheriff
Lang for execution, with the result that
Mr.. futile was arrested and confined In
Somerset county jail.
AT the time of the second arraignment,
Mr.. Merrill, who represented futile,
said that he would avail himself of his
legal right and sue Judge Bachelor,
Sheriff Lang or anybody who interfered
with the liberty of Mr.. futile, for false
imprisonment.
Mr.. Merrill read the various papers
bearing on the case and the taking OF
testimony was begun at once. Judge
Bachelor was the first called and he tes-
tilted regarding the details of the two
hearings. Great Importance was laid by
Mr.. Merrill on certain entries 10 the
docket of Judge Bachelors court ant
in cross examination he endeavCred To
show that original entries had been
changed after the Judge had consulted
lawyers and knew that suit was to be
brought This did not have any mater
ial bearing on the case after all, as Jus
tice Emery said that he regarded them
AS an elaboration of Incomplete original
minutes.
Lyman l.. Walton, Esq, who conduct.
ed the case for the State al the time OF
the first hearing, two years ago, told OF
the agreement between counsel as he
understood it at that time. MIR. Tuttle
was arragned on three counts. Olt
count he was fined and on the other two
he was given Jail sentence, which was
held up for so long, so counsel under
stood it, as Mr.. futile didn't sell liquor.
Sheriff Lang's testimony dealt entirely
with the search that he made at the
Skowhegan House the 18th of last month
and the arrest of Mr.. futile.
lC WAS twenty minutes after three
when Mr.. Merrill and County Attorney
Cover signified that all the testimony
was in, and at 3.25 O'clock Mr.. Merrill
commenced his argument.
Mr.. Merrill, in most brilliant plea,
made two contentious: First, that judge
Bachelor had 20 authority to suspend
sentence on Mr.. futile at the time of his
first arraignment; and second, that as
suming he had the right in the first i'll
stance the imposing OF the sentence this
last month WAS contrary to agreement.
Mr.. Merrlrs table space was piled
high with reports and he read at length
from several Of them, cases bearing on
the one under discussion. This occupied
three quarters OF the time. Ia closing,
Mr.. Merrill pointed to the danger in
Cured by the habit of trial Justices and
municipal court Judges taking the au-
thority of the executive to suspend SEN
fences and then calling in the mittimus
at any time. "If this be the case, said
he, impressively, "then the rights that
have come down to us from the Great
Charter will fade and every man will be
in jeopardy from the whim or the caprice
of trial Justice
County Attorney Cover began his ar
gument shortly after o'clock and oecu-
pied less than half an hour. His review
uuo pnnat nOpDnrabnpaivp and no aDsXupr.