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


since | have been there. %
@. Well, the practice-how did the
practice spring up? a. ! don't know
Q. WcIl, you can't account for T.
any other way. that not single one
of these rumselers came into cour,
on any of those eases. except by .
practice. is that right? A. No, that
is not right.
I .. What is right? A. You are
asking about the search and seizure?
@. How YOU account for the fact
that not a single one of those rum
sellers came into court and answered
on those complaints, ON the search
and seizure? A. don't know why
they didn't come in I know nj thai
term of court Judge Savage ofderaG
them defaulted and the mttimns is
sued.
@ I ask YOU now from your eXper-
fence in criminal business. how You
account for the fact that not a SINGLE
one of those rum-sellers came into
court and answerad-that they are all
defaulted@ ~ AT that particular
term?
@. ANY term. A. l should say at
that particular term. they didn't want
10 come before Judge Savage.
O. Is that the way you account for
it? A Certainly, that has been the
practice there for many years.
O. And is that also true of the i'll
dictments The reason they didn't come
in on the indictments? A. Certainly
I imagine that is their reason.
@ Their reason A The men that
I have represented in years gone BY
were very chary about coming into
court
@. So YOU have had experience en-
both sides. that of representing the
liquor sellers and as county attorney
a. Yes.
@. Now it is true that not a single
one did come in at the January term
under the search sand seizure or til.
nuisance y. That is my recnllee-
ton, Mr. Wilson
@. And the search and seizures
were ordered defaultedP A. That is
true, think.
@. Now when YOU speak Of search
and seizures. | am asking this now il
order that it may be explained for the
benefit OF those members who IRE moi
means that some one
has complained to the judge Of TIE
municipal court that Il certain person
named in that complaint is keeping
LIQUORS intended fer unlawful sale
and upon that complaint the judge or
ders the officers, or authorizes them IL
make search of the premises-that is
right. isn't it? A. That is true. as
understand it.
O. And then they are arrested and
brought into the lower court and the
hearing is on the complaint, charging
with the keeping for sale of into&icatt
ing liquors? y That is true. In OH
practice over ther they issue nut
sance warrant at the same time. be
lieve.
Q. am asking YOU to explain VIVA
we cali search and seizures. A. Tina
is true. Mr.. Wilson.
O. Now the Indictment fer keepins
n nuisance, or a so-called nuisance in
dictment Is charge that they keel
and maintain q place where liquors
are Sold A. That is true.
O. Or dispensed A. That is true
@. Or drank-something of thai
SORTS what we term the mainten-
ance of Il liquor nuisance. and a sal
leon is Geld to be 4 liquor nuisance, {
nuisance is it not2 A. Yes. as / UNI
derstand it, Mr.. Wilson. .;.s f5s#
ON motion bv the gentleman from
Pattern the Convention took n recess
,HntiH two O'clock.
After Recess.
Mr. HINES recalled.
Cross Examination Continued.
O. Now Mr.. Hines there are one 81
two ether terms | would like to have
YOU define. in order to make it n
clear as possible to the convention
| that we have used SO many times
| 1t has been Stated that when mef
We're brought in on search and sSelZurl
| process and they defaulted, that Is
| they didn't appear and the judge or
dered them defaulted, that a mlttimc:
vas issued. Now that mittimus is at
order for the officer to carry out thi
commands of the court isn't 1t?
| That is true.
@. Either compel them to pay tn
| fine or go to Jail. A. That is true.
c. Simply what you might call
writ Now bench warrants have beer
| spoken of, and when man is broush
| into court or when he is indicted uie
der nuisance an order for his arfes
may issue from the court and that /
termed a bench warrant? "a. II III
| court sees fit he can order bencl
| warrant.
| Q. 1t is an order for an officer II
go out and bring a man ia "A. Al
| ways issued in our court When- tiiea
are not under bail.
q. And may he issued ~heh 'he9
are? A. If the court sees fit.
| Q. Now the term mol pros mas Deer
used here. 1t may not be fniiy under
stood, when that is used in a ease
il means that the county attorney ma
abandoned prosecution of the case
A. Unwilling to proceed any infthe'
| suppose. -
q It means that he has droppet
the case. abandoned prosecutioll-,i
is the effect of it. is it, y. That
the effect Of it.
@. Now take the January term .
1q12 There were as has been statee
"a indictments for liquor nuisance
and probably an equal number
search and seizure A. thih& Una
is true.
O. And none of them appeared It
that term of court? y. / think not.
l L, anh