Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-14

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you recall any, where the respondent
was brought before the court, ] will
say a case brought against anybody,
where verdict of guilty was rem
dered and the sentence of the lower
court confirmed in the upper court,
and the party indicted, up to those on
your January docket where the pris =
oner got away without some punish
ment? A. | know of none.
q. Now in arranging your Septem-
Der, 1912, docket. do you remember
who presided al that term? A. My
recollection is Chief Justice White
house.
Q. And either in that term or the
preceding term, or in the term follow
ing, we will group them all together,
/ will ask you whether or not you
consulted with the court as to the dis
posal. of ,yeur cases ?? A. Certainly
G. At the last term. the January
term, did YOU have any talk With the
present Chief Justice Savage with re-
gard to bench W arrants? A. Ger
tainly.
@. Relate it. A. My recollection
that | talked with him generally in
regard to the criminal docket.
went to see him in regard to several
intoxication and assault cases, and he
told me that was county attorney
and it was my, duty to handle thosa
cases, and that | need not bother with
him at all. That his duty began
when | moved for sentence. And as
recollect the conversation he said
that up to that time, ii may my duty
to dispose of the docket as thought
best.
q. | called your attention to the
bench warrants. And We're they men
toned between YOU? A. Not then.
Later ON he said that he did not see
any need of it, because respondents
would Immediately leave the jurisdic
ton. and he would order scire facias.
and that ! would have n year to make
them out and get them into court.
@. II has been said that at that
term of court and various other terms
respondents did not appear. You
practised in Lewiston prior To being
made county attorney? A. ! did.
@. And were about the courts? A.
was.
@ And is it or not a common oc-
currence in Androscoggin county that
indicted liquor sellers fail To appear
and they are defaulted and that their
balls are defaulted?
The ATTORNEY GENERAL: Nj.
Speaker | object To the common oc-
currence."
The SPEAKER: 1t does not seem u
the Chair that evidence of common
occurrence is admissible. Suppose It
was common but was improper? The
fact that it was common would net
make it proper.
Mr.. PATTANGALL: No, Mr. Speak
err. but | was inquiring of the county
attorney simply as to the fact that
they commonly jumped their bail and
did not come in. and in liquor cases If
it was not common for the respon-
dents not to appear and not to have
counsel appear.
The SPEAKER: OF course evidence
of common practice and common
custom, so far as it Is evidence bear
ing upon this case. should not he ad-
unless ii is an incidental fact
and of a nature material to the issue.
Question read by the reportero
Mr.. PATTANGALL: It has been
said that the respondents were not
there. and that it was something eS-
and perhaps a cause for
The SPEAKER: The Chair thinks
that is not admissible. The Chair
does not think that because thing Is
q common practice it makes I adj
MISSILE. OF course the fact tina
they sometimes jumped their bail
would be admissible.
@. Have you known before you were
attorney of liquor sellers who
were under bail not appearing in court
and allowing their cases to go by de-
fault? A. When certain justices came
to our court. they certainly defaulted
the bail and jumped the jurisdiction.
O. Aside from the issue of bench
warrants was there any way in which
YOU could get those respondent into
court? A No way that I know of.
Q. In regard to the wisdom of doing
that in January / understand that you
consulted with Judge Savage? A. |
certainly did.
@. And acted under his advice? A.
certainly did.
Q. Going back to the September term,
1912 again. do you recall that at some
time during that term while your grand
jury was in session, that Mr.. Leach
came to see you? A. | do.
@. Now where did he see you2 a.
AS l recollect it, he saw me in the cor
ridor of the court house in Auburn.
O.. Will you relate to the convention
what occurred between you and Mr.
Leach in the corridor of the court house?
A.. He met me there, and if Il reeollect
correctly, he had copy of the laws of
Maine, think he had it open to that
part in relation to the Cakes Law, and
think he had a copy of the Bulletin.
although / am not sure He said that
he would like to testify before the grand
jury l told him if he came around
later on, he could
@. Did he tell you what he wanted to
testify to or about? A. He handed me
the Bulletin and | assume he meant in
regard to the statement, in regard to
that and l told him / had evidence to
cover nearly every name there.
Q. Did he request anything of you
in regard to the sheriff? A. He said
he would like to give evidence against
the sheriff
@. Under the Cakes Law? A, Yes.
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