The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1904-11-03
The futile Case.
Mittimus Served and Habeas Corpus Pro
cess Invoked Hearing at Bangor to-
dny

day.
When we went to press, last week,
mlttimus had been issued for the com
OF Warren Tuttle to jail on a
case OF single sale upon which he plead
ed guilty, November 20, 1902 and which
hsd been suspended sinee that time upon
the promise that he would not again en-
gage in the sale of liquor.
The question bad been raised by coun-
sci tor the respondent that the court had
no authority TO issue this mittmus until
the respondent had been found guilty Of
violating his promise and convicted Of
such violation OF the law. Judge Bachel-
Ter contended that he had nd, quate evi-
dence OF violation Of the law and was
entirely Satisfied in his own mind Of the
violation and issued his mlttimus upon
that understanding.
II may be well for US to say here that
the understanding Of the court is 10 ac-
cord with that Of the REPORTER at the
time Of the former trial a. may appear
by the following paragraph from our re-
port of the proceedings in the several
cases against Mr.. futile, his partner and
clerk, made upon personal attendance
upon the court at those trials, clipped
from the REPORTER of November q,
1902, viz:
GAS the cases stand, they pleaded
guilty to the several violations and SEN
tence was imposed for each offense. The
condition OF suspension Ia their refrain
ing from violation Of the law against the
sale of Intoxicating liquors, and II at any
time, the court becomes satisfied that
the sale of liquor is resumed, he can
Issue mittimus for their commttsl
They have In these cases no power to
appeal
A side-light to this case may be cited
here with propriety. Mr.. futile with
his partner and clerk were arranged on
search and seizure warrants at the
same date Mr.. futile was srrsigned on
single sale, Nov. 20, 1902, and each plead
ed guilty thereto. A fine of 800 and
and costs and 60 days In jail were i'm
posed upon each respondent and the
imprisonment part of the sentences was
suspended under the same conditions as
In the case Of the single sale. Therefore
mittimus may be issued with equal pre-
priety against the respondent for sixty
days II Judge Bachelor 80 elects.
Sheriff Lang is not a man to act rashly
especially in official business. He took
the mittimus into his hands, consulted
counsel, slept over 1t and on Friday MORN
Ing served the process, taking the re-.
spondent into custody.
On Saturday E. N. Merrill, Esq,
counsel for Mr.. Tuttle went to Bangor
and made application to Judge l.. A.
Emery, who is holding court there, for a
writ of habeas corpus to get his client
out of the custody of Sheriff Lang in the
county jail.
Judge Emery issued a notice to Sheriff
Lang to appear at bis court in Bangor on
Tuesday, Nov. /, at 2 p. m. to show
cause for the detention of the re-
spondent in the case County Attorney
Cover was aso notified to appear at the
hearing al that time and place, to rep
resent the State. Later, on Monday
evening, upon conferring with interested
parties here, Judge Emery extended the
time of the hearing until to-day (Thurs-
day. at O'Clock p. 10.
County Attorney Cover and Sheriff
Lang accompanied by Mr.. futile, went
to Bangor, this morning, to attend the
hearing before Judge Emery. Judge
Bachelor and L. L. Walton, Esq, will
also attend the hearing.
The case has attracted much attention
and interest in the town because of Its
unusual features, and people will watch
eagerly for the result of the hearing.