Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-07
aprmtf

qured of him as such sheriff by Sec
ton So of chapter % of the Revised
statutes of Maine, as amended.
And now comes the said Lewis W.
Moulton. defendant in the above en-
titled action and says that the allie
cations and charges contained in said
resolve and upon which he is now
abcut to be tried are general. in
definite, vague, uncertain, ambiguous
ana contradictory:
That the said Lewis W. Moulton
acting through his attorneys of record
have seasonably notified the attorney
general for the State of Maine, who
appears as attorney of record for the
prosecution of these proceedings be-
fore the joint convention of the Maine
Legislature, to furnish to the said
Lewis w. Moulton or his attorney Of
record. specifications of the matters
referred TO in said charge or resolve
To the end that the said general. in
definite, vague, uncertain, ambiguous
and contradictory charge be made
certain. definite and precise.
That it is necessary that re, the said
Lewis W. Moulton, be furnished with
said specification or specifications in
order that lie may he informed as Ia
the charge or charges which he is
called upon TO answer and to prepare
his defense in his said behalf. and
thereby protect the rights guaranteed
to him under the Constitution to de-
mand the nature and cause Of the ac-
cusation:
That the aaid attorney Of record
who appears cer the prosecution of
these proceedings has neglected or
failed to furnish tie said Lewis W.
Moulton or his attorneys Of record
with such specification or speciiica
tons.
Now. Therefore. the said Lewis W.
Moalton moves that the specification
or specifications Of the allegation upon
which he il now about to be tried be
furnished to him for the purpose Of
enabling said Lewis W. NoultoE 10
properly prepare his defense; and fur
ther, in support or his motion says
that such specification CT specifications
are absolutely necessary to him i'll or
der to properly prepare his defense and
tc preserve his rights guaranteed IT,
him as aforesaid. and
That the failure to so provide him
with the specifications and partieu-
lars relating to the charge in said
House Resolve No. 665 is in infringe
nent upon the constitutional rights,
as guaranteed TO him under the Con-
stitution of the State of Maine, and the
Constitution of the United states.
CSigned LEWIS w. M0ELTON.
by WILLIAM r. PATTANGALL,
WILLIAM Fl. CULVER.
Irving f. VERNON
The PRESIDENT: The motion is over
ruled, and will be made a part of the
record.
Mr.. PATTANGALL: Now, Mr.. Presi-
dent we desire on behalf of Mr.. Moul-
ton to raise a further objection to the
proceedings as carried on at the present
time, and file the following motion;
In re-proceedings against Lewis w.
Moulton. sheriff of Cumberland county.
Proceedings brought under the pro-
visions of section of article of the
Constitution of Maine and in which
proceedings certain rules of procedure
have been adopted which are more spe-
officially set out on the records of the
Joint convention of the 18th Legislature:
And now comes the said Lewis w.
Moulton and says that he should not be
placed on trial under said rules for that
said rules are repugnant to d fair and
impartial trial by jury of his peers or
by the law of the land, and that he is
liable to be deprived of his property or
privileges without due process of law
and in violation of the rights guaranteed
to him under the Constitution of the
State of Maine and under the Constitu-
ton of the United States,
tSigned) LEWIS w. MOULTON,
BY VIM r. PATTANGALL.
WILLIAM Fl. CULVER.
IRVING Il. VERNON
In support of this motion we call the
attention of the president and the con-
vention to Rules No. and No of the
rules laid down governing the trial of
this case. By Rule No. the president
of the Senate shall preside in the con-
vention, and in his absence or with his
consent the speaker of the House may
preside Both, when present, shall hear
and determine the questions of the adj
instability of testimony and any other
questions of law that may arise; and
their judgment given by the one presid-
ing. or by the other at his request, shall
be final and not subject to appeal. Tn
der Rule 1 it is provided that the same
rules of evidence shall govern as in the
trial of civil matters in the supreme
judicial court; all dispositions shall be
taken forthwith, but no dispositions shall
be admitted unless it is shown that the
deponent is unable to be present; and
this especially, 1.-THE presiding officer
shall decide all questions of the admis-
sibility of evidence procedure, practice
and pleading, and from the decisions
given in the manner provided by Rule
there shall be no appeal"
Now, if the president please, it is
stated that the trial will proceed along
lines laid down by the supreme judicial
court. Relating to evidence and other
matters in general the defendant season.
ably filed motion calling upon the at
torney general acting for the prosecution
to file specifications of matter to be
proved in this action; and it is ruled by
the presiding officer that such specifica-
tions need not be filed BY Rule No ii
of the supreme judicial court, under
which rule this convention is proceeding
it says, Specification of matters to be