Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-12

A. Come in about what time? A.
They begin 10 come in about the hrst
oil March.
Q. And this has been an average year
in that respect? y. No. sir: think the
logging broke up quicker this year.
Q. / mean. so far as numbers are
concerned? a. I think SO, yes.
c. As far as numbers are concerned
il has been about an average year? a.
Yes. sir.
! Q. A man by the name of Spratt has
been mentioned as one of Mr. Elmer
| sons liquor deputies? a. Yes.
O. You know him, don't you? A. |
do, sir.
! y. And while you were sheriff was he
one of your deputies? a. He was.
| @. And for how many consecutive
years has Mr.. Spratt been a liquor dep
uty in Bangor? A. Well. ] can't say.
/ He resigned in the last of my admins,
tration but / couldn't tell you when.
| @. That was about when? \. /
couldn't tell you that TO save my life.
Q. when did your administration
close? A. In 1909
| @. So that for two years UP to the
| last part he was a deputy under you?
A res sir
| O. Was he a deputy under your sue
| cessor? A. No, sir; he resigned during
! the last-l think it was my last term he
| resigned.
! Q. But during the two years ne was
| deputy under you he was visiting prac-
! tleally the same places which have been.
described in Bangor, today? A. l should
| say So
@. And have you seen him here dur
! ing the progress of this trial, A have
not.
Q. Mr. Wood was also one of Mr.. EN-
ersons deputies? A. Yes, sir
Q. Have You seen him here during this
trial? \. l have not.
Q. With the exception of Mr. Trask
who has Just completed his testimony,
have you seen any of Mr.. Emerson'S
liquor deputies? A. Yes, wouldn't
want to say-I don't know the man from
Orono. Mr.. Davis, but ! think he has
been here.
Q. With the exception of those depu-
ties VINO have testified have you seen
any others of Mr.. Emerson's liquor depu-
ties? a. Oh. yes; quite few of them.
@. There have been quite number
OF them here? a. | think SO: there is
only few of my old deputies among
them; they are men that l don't know,
they are new men to me-
q. But Mr.. Spratt and Mr. Wood you
haven't seen here at all? a. No, sir.
MR.. THO MPSON: Mr. President, the
defense now rests.
THE SPEAKER: Is there any testi-
hIItt nd fn h.
'.R. cLEAVES: Nothing
THE SPEAKER: Counsel for the de-
Tense may proceed with argument.
The following argument was then made
by Judge STEARNS on behalf of the
respondent:
Mr.. President and gentlemen of the
convention, never in all my long life in
courts and in this body have l more
fully appreciated the burden cast upon
me than | do as l rise to address you
this morning; nor have / ever in all my
life spoken in behalf of one accused who
in my opinion SO well deserved aequttal.
The result of your finding may have the
effect of casting from the high place of
dignity and honor this sheriff, my neigh
Dor. into the pit of shame, disgrace and
humiliation. Had | all the power OF
pleading of the Holy Men of DID, had
all the eloquence of the orators of all
the ages, | would give it to save him
from such fate. But, alas, I am but
one poor, plain, ungifted man who may
not hope to touch your hearts; yet
may hope to appeal to your reasoning.
your understanding and that sense OF
fairness which surely should sway every
pis1a in
What has my peighbor done, that he
deserves fate that may be set for him,
or what has he. left undone that calls
for concentration? He is charged with
corrupt or wilful viotation of his duty
to prosecute, DO lead to punishment those
vioiating the prohibitory law of Maine:
charged with the corrupt or wflful neg
lect. Has there been any evidence of
suggestion of corruption on the part Of
this officer? Aye. his detractors have
been as silent as were those creatures,
detractors from the woman when our
Divine Master wrote his message of
, mercy upon the sand. None has ap.
peared to urge corruption on the part
of this sheriff: on the contrary, he stands
and has stood before you upon the wit
ness stand clothed with a character as
spotless and unimpeached as ever man
stood before august tribunal such es
this is.
Is it necessary, gentlemen of the con-
vention, to visit punishment upon the
head of this man? He is charged with
wilful neglect. Is it true? Major EN-
erson recognizes now in the past, and
always will, the binding force of all the
prohibitory legislation; he comes not here
TO attack that legislation to which he
has given tie support of a life; he recog-
nizes his duty under it, as you all must
but has he violated his duty? This sher-
if claims no discretion in the enforce
ment of the law he contends not; he has
not, nor will he contend, nor will his
counsel for him, that he has discretion
to prosecute one and leave another; no
discretion to decide when and where
there shall be prosecution or punishment
Has he been guilty, gentlemen, of neg
lect as charged in this resolve? To set
tie that question he must be Judged by
the surroundings. by the circumstances
that exist and that have existed: and
one of the circumstances to me seems