Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-04-26

rsA..ir-BYRos n. MAYO. Ellsworth.
-, prEKR LEACH Bnckeport.
tnIn..,,ie. - BuRKg LEACH, BBeksport; Ros
pvpse SPRINGER, West sullivan, JAMES :
Sohysrp fremont; u II. howARD. Biuehill,
n,yIp T. CARNEY, Ellsworth
bs,.aos aphpr--I. A. Hsfuks, Portland.
Sesseggtr-C CHARLES W, HUXLEY. Ellsworth
From Wednesday to Monday noon very
r,,la business was done at the courthouse
The civil docket was completed last week
t.tore THE AMERICAN went to press and
N the doings up to that time were re-
..,,ssd in that issue. Alisthe court had to
soIsst week was to wait for the grand
,n,v 10 report. which it did Friday after
noon at o'clock.
Twenty-six indictments were reported
tweptv-four for selling liquor, one for
Malicious mischief, and one for assault
and battery. The jury was thanked by
1ustice Peabody and then excused from
further attendance at this term.
Monday noon the real work on the
criminal docket was taken up by County
Attorney Wood when he called the
Heriihy case.
This was an appealed case from the Els
worth municipal court for Illegally selling
louor. In the lower courtthe respondent
was adjudged guilty by Judge Peters and
fined 400 and sixty days in Jail.
Before presenting the case A. w. King
appeared before Justice Peabody in be-
Mlf Of Levi w. Page, who was arrested
Saturday for contempt OF court, 1t being
alleged that he had disobeyed a summons
to appear before the court.
The county attorney in explaining the
csse said Page had been summoned to APP
pear before the court to give testimony.
He hsd appeared before the grand jury,
tohold himself in readiness, in case he was
needed again.
This he failed to do, but left for BUSH
ness trip on Deer Isle. When IL was found
where he had gone, the county attorney
sent out warrant and he was arrested
at Deer Isle Saturday afternoon.
County Attorney Wood said he had only
taken necessary steps to get Page, and he
thought that the whole case was a misun-
derstsnding all round; that IL he was mis-
taken he was willing TO taks his share OF
the blame and little more, and also to
EpologiKe.
Mr. Page took the stand and told the
court his side OF the story, He said he
and the county attorney had talked the
matter over, and that he was perfectly
willing TO testify before the grand jury or
before the court; that when he went be-
for the grand jury and was afterward ex-
eused be supposed he was at liberty to go
and come as he pleased. He was very in
dignant that the suggestion was made that
he Was spirited away to avoid giving tes-
timony at the trial.
He said that the first thing he knew
about the matter was when the officer
cane after him Saturday TO arrest him.
lie said the officer did his duty in man
ner that was very humiliating to him
Page.
Judge Peabody said the witness should
have understood the summons, as it was
perfectly plain, but that he thought Mr.
rage Was perfectly honest in his state
menis, and that he would fully exonerate
hlm from all blame in the matter and
Iuose him not guilty Of contempt OF court.
STATE vs.. HERLIHY.
ihe Herlihy liquor case was then taken
UP oy the county attorney. The reading
OF the warrant was waived and a plea of
not guilty entered.
L. s. Clark, attorney for the respondent,
made motion TO have the indictment
quAshed, claiming that II was not worded
~ Inc statute provides. The motion was
o'efruled by the court. Mr.. Clark then
asAea Tor drawn jury, and the following
panei was obtained after several chAl-
ienges by both State and defense:
hehry L. Moore, Ellsworth, foreman;
T. ). Hinckley, Bluehill; Lewis A. Jor-
uAh, Hancock; Frank Meader, Trenton;
y, = Workman, Sorrento; Theodore II.
thompson, Deer Isle; A. r. Joy, Goulds-
DorOi Herbert r. Eldridge, Bucksport,
''Nhey l.. Allen, Brooklin; Thomas ).
Ii'coInb, Eden; Samuel Moore, south
worth.
:, MI woods opening was not long, but
: was TO the point. He claimed that he
"ouiu show many things that would
prove eonelusively that Daniel II. Herlihy
nas the owner of the building, and also
sla' ne had personally made sales of III
aNor. The defense claimed that the
'oiuing belonged to f. F. Barry.
- sheriff Mayo was the first witness for
',e state. He testified TO going to the
slaee IN question, of searching about the
LOT ana second floors and finding nothing
.Asept some cork shoppers and metal caps,
~ oil then sending Deputy Sheriff
Safiey up through scuttle hole into the
a ~ and of his finding three full quarts
Of liquor.
:, ie told how he got into the building
s.-' Ough the rear entrance, of seeing sew
~ young men there who had forgotten
names or to whom they paid their
tu' There was bar on the first floor
~, ~ cigars and quantity of soft beer