Daily Kennebec journal., 1906-02-01
But Sheriff Gilman Refvs-
ed to Surrender l.
Funny Affair IN Enforcement
Seizure al BaigG. /,
Deputies Seize sats aid ths Owner vHA
Nov Sle gsfUiiif. . /. \,

Bangor. Nc. Jan. 3l.-A proceeding
Of unusual interest and one that prob
| ably Is without precedent in the en-.
foroement Of the prohibitory laws OF
Maine against the sale OF intoxicating
liquor was that brought Wednesday
forenoon by John II. Russell against
Sheriff L. W. Gilman. a writ OF replcvin
to recover a safe seized Tuesday after
noon by Deputies Bowen. Spratt and
Emerson, while acting under the
SturGis law, at the plaintiffs store on
Exchange street. The writ was served
by Coroner John T. Kellihcr at the re-
quest of Russelrs counsel. Peregrine G.
White. Esq, who made the writ.
Sheriff Gilman refused to deliver the
safe to the officer and the case viii
probably be tried out in an action Of
trespass brought by Mr.. Russell. ~.
The seizure of the safe Tuesday AZ
ternoon attracted a great deal, Of at.
tenticn on the East Side. Shortly af-
ter noon the deputies entered Russell's
place of business on Exchange street
and began a search of the place. They
were unable 10 find any intoxicating
liquor and before leaving asked Mr..
Ru"scll to open a small iron safe which
was on the right or the door as the
deputies entered the place.
On top of this safe was desk and q
telephone set. One Of the deputies tried
the safe door and found it locked. He
then asked Mr.. Russell to open it that
he might make a search for LIQUOR hut
was refused. whereupon there vas q
consultation Of deputies and 1t was de-
cided to carry it to the court house.
a truck team was, hired and soon the
deputies were working away on the safe.
the door Of which was securely, closed
against the world. After considerable
work the task was occomplislretl and the
safe carried to tho store room in the
cour. house. where it was put under lock
and Key In the room where tlIs setael
liquors are kept until they are disposed
of. The deputies tried to Induce Mr.. Rus
sell to open the safe for them but he re-
fused point blank and there the case
stood. a..
On Tuesday night and wednesday
morning the subject was much discussed
everywhere down town in all itx lexal
phases; whether or not the deputies had
not exceeded their authority in taking
the safe. what would be done with It and
how It was to be opened il Mr.. Russell
did not divulge the combination.
With all their experience in hunting
after liquor during the past 10 months thu
combination lock on the safe was too
much for the deputies. They turned ard
turned the combination dial but tire gates
stood not aiar. While the sheriff's force
was puzzling and thinking Of some way
to get inside without the use OF sledge
or dynamite and also waiting for the ap-
pearance of Raffles. the gentleman bur-
glar. along came Coroner Kelliher with
writ of replevin for the safe which had
been drawn up by P. G. White, ESQ.
The coroner made a demand for the safe
but Sheriff Gilman refused and then there
was consultation. Coroner Kelliher re-
turned the writ to Mr.. White With the
announcement that Sheriff Gilman would
not give up the safe. and very weli.''
said Mr.. White. we will make out. an &C.
fion Of trespass and sue the sheriff for
damages
Sheriff Gilman declined to say. any
thing about the matter after the writ. rad
tcen served He said he still held the
safe but tho action was a now one to him
and he did not care to say anything about
it before the matter had been looked up
by counsel to see what the rights were
in the matter.
The proceeding is probably one Of =
few ever attempted in this State Of that
kind. AS the writ was against the sheriff
he or his deputies could not very well
serve the papers 80 a coroner had to be
procured. @e.t.e
When seen Wednesday afternoon Mr..
White said he should make a writ OF tres
pass and have it served at once on Sheriff
Gilman alleging damages on account OF
the seizure Of the, safe. The writ will
be rcturnahle at the April term OF the
supreme court.