Daily Kennebec journal., 1913-04-14


which the sheriff had collected, that you
consented to abandon prosecution against
him on two nuisance indictments? A. !
think that is true.
G.. Although you could undoubtedly
have convicted him IL you had insisted
on trial? A. I doubt II very much
that is, l don't doubt it very much, !
don't know. l convicted one man over
there on the trial of Il case and the court
ordered him discharged. That wasn't
very encouraging TO me.
q. Well, Judging from the evidence
that has gone in here as To the amount
of beer and whiskey and ale he was dis
posing of there wouldn't seem muen
question about it, would there? A.
About convicting him?
@. Yes. A. | would answer that Mr..
Wilson, by saying that judging by the
amount of liquor that is coming into
Lewiston there must be some of the jury
using it and they don't bring in verdicts
of guilty.
q. Well, it may be SO. Is that what
you want the convention to understand
that the iuries don't convict the rum
sellers and therefore you are using this
method? A. ] want them to understand
that it is difficult to convict, difficult to
indict before grand jury when there
isn't any evidence presented on the other
side
@. Do you want this convention to
understand that your juries went con-
vict your rumsellers? \. No. but want
them to understand that it is difficult to
convict. and it is difficult at times IL
indict before grand jury where there
is no evidence to present. they vote diff
ferently, and they don't vote unanimous
ly; that is my experience.
O. Take the case Of Ramee Corey
That was one of the liquor indictments
in September? A. He has been indicted
| don't reeolleet whether at that term OF
not
G. But there has been prosecution oil
his case, and | presume for the same
reason as MeNamaras case? Is that
true? A. | don't think so: | don't re-
member that case individually now.
@. You don't remember anything diff
ferently? a. No. sir
q. And this James Donovan whom you
stated is bar tender for Martin Bergin
the specially nice bar that you have
the same reason? A. | didn't state he
was bar tender / stated that the evil
dcnce in the grand jury showed thai
when the sheriffs and deputy sheriTs
seized there they found him in charge
and took him.
@. And Victor Beaudette. A. The
case there Was mol pressed for the same
reason so far a. | know: don't recollect
@. And Joseph Bamais? ~ What
number is that?
q. / don't have the numbers here
\ | ina sine it was probably. but
don't remember that particular case.
@. Ana Joseph Legasse. His nuisance
case vas mol pressed for the same rea-
son. that tbs sheriff had collected on
search and seizure? A. | imagine he
also on each one OF those cases paid Oh
one nuisance, didn't he?
@ can't tell you. a. | would have to
look up the docket: | don't remember
each IF those cases.
g. If you will look it up and see. \
In tie case Of Lesasse%
Q. les. No. 2474, that is the one h
paid on. 4. Joseph Legasse, mol pros
sed On payment of Sflo.
@. Ne. 1897. a. That was mol pressed
G. That was without any payment
y. Yes, sir
Q. And in the case of Michael Mur.
ply? \. | imagine the same is true.
Q. The same reason would apply? A
! used them all alike | guess you will
find.
Q. and George Paul. the same in that
ease? a. imagine so. l haven't looked
Il up.
.. Sc that at that term the 33 cases
that have been testified about by the
clerk which were mol pressed were un
doubtcdly done for the reason that the
sheriff had collected in on the search
and seizure mittimuses2 A. | think 50.
q. OR in fifty caes. or % altogether II
seems. a For that reason and also
for the reason that il had been the GUS
tom and habit or practise in our court.
q. You understood that the sheriff
had been collecting on search and seiz-
ure cases \. | knew he had. and also
that it had oeen the practise and Gus,
tom to do that.
@. And you had been following tIla.
same practise A. Quite largely.
q, BY an arrangement with the sher-
if9 A. | had no arrangement with the
sheriff
Q. You had been following the same
Practise
@ Now by looking up the docket
whea | was county Attorney can il
lustrate by the Mcnamara case if yoi
would care to do that.
G. think we understand. a. He was
in court four times in one day.
@. AT the January term 113. You had
practically cleaned up in this way
they had come in at the September
term and you practically cleaned up a
large part of your liquor indictments
A. / think that is true.
Q. Most of them. the majority of them
We're settled up in the way you have
testified A. Yes. sir.
Q. Now upon the January docket
1l2p A. State vs.. Gertrude Matthews ?
@. Yes. Defaulted at the January
term? A. That was defauted at the
April term 1910.
Q. April term 1910 it WAS entered,
and at the April term 1912 it was con-
tinued on motion of the county attor-
ney, wasn't it? This is docket No. "a?
A. State VS.. Peter Albert?
Q. Yes. and docket numbers "a, 20, 70,
81. 2S. 20, 80 80, SO, "a. 35. Sc and 81.
'12 cases in all. Are the entries there,