Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-07-29
Ordered in the Two P. A.
HOuIehan Gases.
Municipal Court Judge and The
County Attorney Have Died
Since Origin Of the es..RouIe-
han Could Not Recover Fine.

A rescript sustaining exceptions and
ordering new trial was handed down,
Saturday, from the law court in the
/ Kennebec county cases of State VS..
Peter A. Houlehan.
Mr.. Houlehan, whose place of bust
ness was on Water street, Gardiner,
was arraigned, two years ago, upon
| a search and seizure warrant in the
Gardiner municipal court before Judge
Larrabee and a fine and Jail sentence
imposed. He appealed from the SEN
tence but later an agreement was
reached with the court by which the
appeal was withdrawn, the jail SEN
tenee RENTED and the fine imposed
/ paid by Houlehan.
The grand jury, during the term of
office of County Attorney Hildreth, in
dieted Houlehan for maintaining
| common nuisance. The case was tried
before a jury, and Judge Hall, who
was then judge of the superior court,
| imposed a fine of $1,000 or 10 months
| in Jail. Thes respondent took excep
! tions but after the term of court had
| adjourned, by agreement, the exeep
| tions We're withdrawn and Houlehan
paid the fine of $1,000.
The late County Attorney Hildreth
| was dissatisfied with this disposal Of
the cases and took them to the law
court. where they were argued by Mr.
Hildreths successor, County Attorney
Williamson.
| Meanwhile Mr. Houlehan brought
suit against the county of Kennebec
TO recover the $1,000 paid the county
| 1t was held by the law court in a de-
| eision rendered sometime ago, that he
| could not recover the money
A singular feature in connection
with the eases is that both the judge
| who presided in. the municipal court
where the search and seizure case
| originated and the county attorney
| who secured an indictment for liquor
| nuisance before the grand jury, have
| died since the cases We're originated.
while the judge before whom the case
was tried in the superior court has
| since retired from the bench.
The law court rescript, which was
handed down, Saturday, was drawn
| by Associate Justice George Z. Bird
of Portland and is as follows:
Kennebec County. State VS.. Peter
A. Houlehan, No. 3S. Same VS.. Same,
No. 30. Rescript. Bird, j.
Upon the imposition of sentence, the
taking of an appeal and filing an APP
peal bond. the Jurisdiction of a magis-
trat cor judge of a municipal court is
at an end and he has no further juris-
diction of the case aunless the appel
liant withdraws his appeal as, and in
the manner authorized by r. S. G.
1873. S. 49,
lon 10 H.
pellant, under r. S, c. 1873. S. 10, to
withdraw his appeal the powers of
the magistrate are those only which
are conferred by that section of the
statute.
record is memorial or history
of judicial proceedings in a case, corh-
mencing with the writ or complaint
and terminating with the Judgment.
and only the records OF magistrates
which are made in the course of ju-
dicial duty are of force.
Even when the record of prior con-
viction is in the same court. an at
tempt to set up prior conviction by
way of motion instead of by plea is
not to be encouraged nor departures
from the requirements of such a plea
favored.
Exceptions will be sustained only
when it appears from the exceptions
themselves that the court mistook the
law
Like demurrer, motion in arrest
OF Judgment is addressed only to the
record and can introduce no facts not
appearing therein.
IL should be morally certain that
erroneous instructions have not been
injurious, before the party aggrieved
can be deprived of new trial.
Exceptions sustained and new trial
ordered