Daily Kennebec journal., 1913-04-14

lJrry MdnSul, T. -. tuFinStOn, harry
Mansur, Harry Mansur. Dana $. Will
liams Harry Mansur, White & Carter.
O. Those are search and seizure cases
in the lower court? A. Nuisance cases
also.
c. And nuisance cases also? A. Yes.
certainly. Dana S. Williams, White &
Carter, Harry Mansur, Dana S. Williams.
Dana S. Williams
q. SO that there are cases where
, they have counsel? \. Occasionally
they are represented on the docket by
/ counsel, but my experience is that they
are not always so represented.
q, Their names don't appear on the
docket always? y. Very seldom they
put their names on the doeket-Tascus
Atwood, Tascus Atwood
Q. Now, if l understand it, your
reason for not issuing seire facias on
these cases was that you had been pretty
| busy up to the time that these proceed
ings were announced and then you
thought ii might look suspicious a.
Yes, | didn't have a great deal of time.
/ think court adjourned February 13th,
and ! received notice a week ago Satur-
day or whatever day it was. and then
when / received notice | only had two
days, and | didn't feel like issuing scre
facias then
q. You felt it was a duty that you
III the year. yes.
q. You felt it would look suspicious
if you didn't perform it before April?
a. Right the eve of hearing. Mr..
Wilson, didn't care to do anything in
my own favor. such as issuing scire
facias.
q. You didn't? A No, sir.
q. / don't quite see why you should
nit continue to perform your duty just
the same facing Il hearing as at any
other time A. / intend to continue
to perform my duty of issuing scire
facias; | was under no obligation to do
it then; | had year in which to do it.
q. But you havn't pursued even in
the lower court all cases? A. In some
| cases that is true but not since Janu-
ary 1st, 1913.
q. Is there any way of getting these
indicted persons into court except upon
a bench warrant or scire facias or by
their consent? A. One of those three
ways l should think
q. And in no case during your term
of Office have they been brought in on
a scire facias or bench warrant? A. |
think not.
Q. They have all come in voluntarily >
a. l think so.
Q. And since the first day of Janu-
airy, 1872, has there been more than
three cases in all these 10 odd indict-
| ments-1S0 odd indictments, where the
h1 inn
recollect exactly the number; l think
That Is true If you have investigated it,
O. And if in at least over hundred
cases the disposition has been entirely
by arrangement between the respondent
ana yourself A. By arrangement
between the court and myself
q. The respondent had to come into
Ii TO certain extent? a. The respond
ent had to be there by counsel, certainly.
q. If it was mol pressed on payment
he had to agree to that, didn't he? A.
His counsel did or him.
@. That is the same thing. You
, wouldn't make any question about ito
| \. wouldn't put counsel quite in the
same class with the respondent
@ He is agreeing for the respondent
and representing him? y. Certainly.
O. And the respondent agrees to ito
\. l wouldn't do that because I have
represented some myself
e. Yes. | understand that A. Pre-
Vious TO my term as county attorney.
q In the course of the sheriff's en-
iorcement of the liquor law and for two
years and three months along. his prac-
Use has been apparently to make
searches and seizures of these liouor
sellers, bringing them into the lower
court and when they get up into tho
upper court take the mittimuses out
and collect on them That has heen his,
method of procedure? A think that
Is what has always been done.
G. | say. as far as Mr.. Lowe is cop.
oerhed: a. With my assistance on the
mittimuses
O. You didn't explain about what
assistance- \. Simply ordering them
ueiauited' sometimes the clerk turns
them over to me and / turn them over
to him.
.. You don't have anything to do
with the mittimuses? A. Occasionally
! call for them.
q 1t was very oceasionallve
some terms of court / think | have hut
aont recollect within the period ev.
actly
q SO that evidently was the metbod
'nat the sheriff who has recently ra.
signed was pursuing as to the enforce.
Heht OF the law there? A. ApparentIv
from the docket.
u ana your part in it. or your mart
or your duties that YOU performed was
whenever he had collected those on
seafches and seszases, on search and
seizure processes tha: you would mol
pros portion of the indictment which
you had found against them A That
wasn't part of my duty: it was nv,
ouly TO handle the whole criminal docket
.. The sheriff seemed to he ha,aIin,.
search and seizures mostly? A. 1t on.
up TO MN to collect them because all
writs and processes are directed to tha
sheriff. wv
9. The only thing you could possihlv
claim you had to do with search and
SEIZURE processes was possibly ia cal,
for default? A. / think that is truo
Q. That is all. isn't it? A. tbi,,.
so.
=. But | say the sheriff had all ,ho
rest OF this work In ,la L.,