Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-12
p. ? = = - :. :
MAINE LEGISLATURE.
tconfln6ed from n Phi PAGE f,ive.} .1Ss'


accumulation of old cases that can
mt or need not for one reason and an
o9aer be prosecuted, where sentences
have been imposed for one reason u
another, SO that l am not going to give
especial stress to those II cases exc
cept to say that nothing whateter was
done with single one of them Those
we're continued cases. There were So
naew nuisance indictments found art the
January term of court. need9not say
to you that under the statuts which
YOU are proceeding under itw as the
duty of the county attorney to prose-
cute diligently those So new nuisance
Indictments that had been Ssecured
upon seizures made prior to that terra
n court 4
Nov let us see what was done with
them. what the evidence Will show.
Gut of those So nuisance indictments,
Il9t one single man appeared TO have
been brought into court. Every one
a those eases We're default&d in the
Regular course on the 10th day. of the
term. The term continuation Il days,
s. that there We're eleven days still
left for the county ATTORNEY to have
Mought these respondents into court.
Jhstice Savage who presided ordered
s4ire faeias suits upon all of them.
FL want to explain briefly to those
n You who are not attorneys what is
f4eant by some of these terms. When
a bail bond is defaulted you do not
set an execution to go and collect
the money, but you havesto bring suit
against the principal ana his bonds
Zen. That is called a lscire facias
Yit. Obviously it is tlle duty of a
Nosecuting attorney to bring scire
fpeias suits If there is b default and
Ne party does not appear. But for
Some reason and we shall ask you to
skaw your own conclusion, the presid
fng justice found it necessary to make
a special order upon tll9 docket that
Sire facias sits should be brought
Those suits would be ieturnable IL
Wought promptly on the first Tues
day of April, and would have been
Hrved by the first Tuesday of April.
But out of those So special orders of
Hstice Savage to bring those suits.
I'VE shall show that the county at
tQrney has disobeyed every single or
er. In other words. not one suit has
leen brought. What else might he
i've done? As / have said, at the
January term the defaults were en-
Tired on the 10th day. There were
&ill II days for the judge and jury to
gay there and take care of those
&ses. The county attorney might
have taken out bench warrants. had
t&ose parties arrested and brought into
h.. IL OF \, NtRrf
fAat single bench warrant was TAX |
a out as I recollect. There were two |
6dietments for keeping houses of ill ,
8me which were defaulted at the |
@me time and scire facias suits or |
bred at the same time and have no. !;
been brought, so far as we are able to .
arn.
&There were so search and seizure !.
dpses, appealed cases from the lower
jurt. defaulted. And while mitti- :.
muses. have been issued to arrest those ,
brties since the teraa, Justice Say !
aee specially ordered scire facias suits j
4ere but they have not been brought. |
y other words, at the January term {
q court. out of 60 nuisance indict-
Gents, not a single person was /,
4
w provided as coming to him.
Nov what has transpired since f,
hem And it is material because it
SHOWS a continued policy in following
this class of criminal cases. l find at
the January term of 1912 there were /,
q new nuisance indictments found
For some reason or other, these re-
s1ondents did not care to come into
Nurt. Three of those SO cases were
disposed Of It will appear. l think,
dat those three weres persons who
were under arrest because they were
ut able to give bail. and they had 10
ID disposed or The other 60 were
imply defaulted and continued to the
kxt term without issuing single
M,rrant to try to bring one OF them
III No scire facias cases were
brought to compel their bondsmen to
rkoduce them. At the April term,
fudge Cornish found those cases on
lie docket with nothing done with
lem, and h. made d special order
that seire facias suits should be coma
Ileneed against the bondsmen. NOR
one of those people were brought into
4urt during the April term OF court
they went forward ito the Septembe:
tnrm. and the judge ordered in every
He OF those 80 cases the county at
terney to bring seife facias suits.
At the September term there was
cleaning up of the docket and of those 60
c6ses. SO of them were simply mol pross-
II Is were mol pressed son payment of
sll0, and nothing was done with the 9TH
a r. 80 were mol pressed without any
penalty; Is were mol pressed on the pay
rant of sum of money, and out Of the
Whole 60 cases, every man of them was
able to get out of court without getting
a4criminai record. and think the records
OF the court will show that it was not
etsen necessary for singel one of them
td have an attorney enter his appearance
i,bon the docket to secure his continuance
and look after his interests.
4 do not say that attorneys did not
akpear. but 1t was not necessary to do
the business in court. There were no
cXnvictions There were no sentences
II was simply a matter of fixing up and
Saving them from criminal record and
q clean the docket.
That is the January term of 1872. Now
AZ the April term, 1912. out of &C consec-