The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1906-02-08
Seized the Safe.

a proceeding Of anusual interest aud
one that probably 10 without precedent
II the enforcems Of the prohibitory
lava Of Maine against the sale Of into1i-
eating liquor was that brought Wednes-
day forenoon Of lAst week by John Il
Russell Of Bangor against Sheriff l.. ~
. Imam of penobscot county, writ OF
replevin u recover a safe seized Tues
day afternoon by Deputes Boteu.
~pratt aud Emerson, while sc'ing under
tie >turgls laT. at the plaintiff s,ote
OF Exchange street. The writ v4a
served BY coroner John T. Kelhher a.
tie request Of kusseiPs counsel, Pefe-
grlne . White. E.q who made the
"fit ~her,f Gilman refused % delivet
The safe to the ficer and the Gaze vii
probably be tired out 10 an action II
trespsss brought by Mr.. Russell.
The seizure Of The safe TuesdAy al
tern0on attracted great deal Of stten-
ton on the East SIDE. Shortly after
boon the depuues entered Russeu's
place Of busineSs on Exchange street
and began a search u the place They
we're unable 70 End any intoxicating
liquor aud before leaving asked Nj
Russell 70 open small iron safe Ehich
was on the right Of the door az the depu-
ties entered the plaza.
On top 81 this safe was detk and
telephone set. One Of the deputies tried
the sale door and found 1t locked. He
then asked MI Russell to open II that
he might make a search for liquor but
was refused, whereupon there WAS 4
consultation Of deputies and it was de-
cided to carry 1t 70 the court house.
4 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 accomplished and ths
safe carried 10 the store room 10 the
court house, where it was put under lock
and key in the room where the seized
liquors are kept until they are disposed
Of he deputies tried TO induce MI
Russell 10 open the safe for them tut he
refused point blank and there the case
stood
On TUESDAY night and Wednesday
morning the subject was much discussed
everywhere down town il all its legal
phases; whether or not the deputies had
not exceeded their authority in taking
the safe, what would be done with il
and how il was TO be opened If Mr. Rus
sell dld not diyuige the combination.
With all their experience in bunting
after liquor during the past ten months
the combination lock on the safe was
too much for the deputies. They turDed
and turned the combination dial but hs
gates stood not sjar. While the sherif7s
force was puzzling and thinking Of SONS
way TO get inside without the use Of
sledge or dynamite and also waiting for
the appearance Of Rsfnes, the gentle
man burglar, along came Coroner Kelli-
Der with writ of replevin for the safe
which bad been drawn up by p. g.
White, Esq
The coroner made demand for the
safe but Sheriff Gilman refused and then
there was consultation. Coroner KEEL
liber returned the writ TO Nj. White
with the announcement that Sheriff
Gilman would not give up the safe and
very well, said Nj hite, I'VE will
make out an action Of trespas and sue
the sheriff for damages
Sheriff Gilman decli2ed to say any
thing about the matter after the writ
had been served. He says he still held
the tafe but the action wak new one 70
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 % a coroner had
10 be procured.
hen seen " dnesday afternoon, Nj
White said be should make = writ of tree
pass and have il served at once on
Sheriff Gilman alleging damages on
account of the seizure of the safe. The
writ VII be returnable at the April
term Of the supreme court
Mr.. Russell on the stand said that the
liquor was for his own private use. In
his argument Peregrine hite, ESQ
made few very emphatic remarks
about the Sturgis commission and the
prohibitory law I general.
The respondent was arrsiRned in the
municipal court, Thursday afternoon on
the charge of having had Intoxicating
liquors in bis poss ession. BE was fined
400 and costs and through his counsel
Peregrine White, Esq sppeal