Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-05-06
DICK o'eRiEN's CASE.
Former Pusilist and His Ticket from
Greene.

Lewiston. Me-. May 5.-The Journal
says. tonight:
A unique and interesting case was
before Judge Cornish in the Lewiston
municipal court, Thursday morning.
The respondent was one Of Lewis
toms famous prize fighters, Dick
O'Brien.
O'Bricn, It appears. was weary.
Wednesday afternoon, and on his way
home from Portland, fell asleep in the
cars. When the train reached Lewis
ton he did not rouae sufficiently to
recognize the home which he loved 30
yeil. When he did wake up he had
reached Greene and the conductor told
him to take the next train back TO
Lewiston.
This O'Rrien did, and not thinking
that 1t would cos. him anything did
not buy a ticket. When the conductor
came around to collect the fares of
those who had boarded the train ut
Greene, O'Brien refused to pay his
fare. He also used language TO the
conductor which, it is claimed. was not
of the purest classic construction.
The conductor says that he again
approached O'Erien when they had
passed the fair grounds. Again the
. results were the same and again the
conductor received the same blessings
from the knight of the ring.
When Lewiston was reached the po-
lice We're called upon to assist and Of
ficer Bailey escorted OBrien to the sta
tion where he passed the night. refus-
ing bail.
This was the only case to come up,
Wednesday morning, and court await
ed the arrival Of Conductor Lowe, who
was obliged to testify in behalf of the
Maine Central railroad.
r. A. MOrey appeared for O'Brien
and White & Carter for the railroad.
Conductor Lowe, who was the first
witness called, testified to the details
of the talk with O'Brien and the at
tempts to collect his fare, as stated
above. He said that he had been in
the employ of the road for six years
The fare from Green to Lewiston was
% cents by ticket or IS if paid on the
train.
There were two complaints against
O'Brien, one for evading fare and the
other for the use of bOisterous and pro-
fame language. The words of profanity
which Mr.. Lowe gave as directed to
him by O'Brien did not agree with the
words given in the warrant for this
complaint, argued Mr.. Morey. Con-
duotor Lowe said that so many profane
words We're used by the respondent that
he could not give them exactly.
O'Brien took the stand. He under
stood that as he was carried by Lew
nnI xInk
point that he would not be called upon
to pay any for the return trip to Lew
iston. He had sufficient money in his
pocket to pay the fare. but did not
think it was necessary. A friend on
the train offered to pay the fare. but he
declined the kindness.
Both sides rested their cases and
brief arguments were made by the at
tOrneys.
Mr.. Mercy stated that he could not
see that the evadng of the fare could
be termed fraudulent" as stated in the
statutes There was nothing under
handed about it, in fact it was all open
and frank even to the language used
by the-rcspondent. Judge Cornish. how
ever. ruled that it was fraudulent &C
cording to the statutes. The court also
ruled that 1t was the respondents duty
to keep awake and know when he had
reached his destination.
O'Rrien was fined s. and costs for
evading his fare and as the other conf
plant was not within the jurisdiction
of this court. he was ordered to recog-
nize bonds i'm the sum Of 800 upon the
second charge. In the first complaint.
All ,-f
given, F. A. MOrey. esq. appealed the
case to the higher court. The bail was
placed at $50.
One of the interesting things of the
trial WAS the bringing out in the testi
mony that the conductor did not know
that the law gave him the authority to
arrest He knew that it gave him the
authority to retain n man.
Very few spectators were present
during the trial