Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-02-19

ON motion by Mr. Jones of China
House Document No. FOG, resolve in
favor of Benjamin f. Towne of Wa
terville, in the county of kennebec and
State of Maine. was taken from the
table.
Mr.. JONES: Mr.. Speaker and gem
tiemen of the House, this resolve is
probably unlike any other resolve
which will come before us for out
consideration at this session of the
Legislature, and il is accompanied BY
a short statement of facts. | do not
intend to go into the details of this
case, and neither is il necessary to go
INTO the details as ! look at ii, for US
To come to decision in this matter.
ii seems by this resolve that ont
Benjamin f. Towne, of the city of
Waterville, was a Sturgis deputy, and.
acting in what he claims to be his
Just right and duty as an enforcement
deputy of the Sturgis law in the city
OF Bangor, for the purpose of making
raid upon some liquor joints. and in
the performance of his duty, as near
as can learn. little rough house
ensued. Just what took place / am
not able to say, but | think from the
verdict that was rendered we can de-
termine about what took place. !
have been informed that he did, as an
officer use his club beyond what he
had any right to do in the perform
ance OF his duty. The law gives II
every officer considerable leeway in
the performance of his duties. espe-
cially in criminal cases He may be
Obliged at times to use his club: he
may be obliged under certain condi-
lions. to protect his own life. to go Sc
lar as to use his revolver and tax.
lie. But under the conditions exist
ing in this case he did not go that
Iaf Afterwards, we find that this
man, whoever he might have been.
and don't know who he was.
brought suit against this officer. Ben
lamin F. Towne, in the supreme court
OF Penobscot county for the sum of
$1,000. That case was tried before
twelve men good and true. presided
over by one of the justices of the SUI
pfeme court of Maine. and after hear
ing all the evidence upon one side an0
the other the jury retired and return
of S25. The verdict. although small
ala show that he was guilty of an as
sault.
Now, had Mr.. Towne rested his case
right there, and have come to this
Legislature and asked to be reimburs
ed FOR the sum which he calls fol-
here, $173.57. this Legislature might
IN their wisdom have said that thai
| jury did err in their verdict: but as
| | have been informed, he did not rest
| his case there, but he carried it to
| the law court where all the evidence
was submitted to the justices of the
| supreme court, and they in executive
| session confirmed the action of the
| lower court. and said that he was gull
| " OF an assault
| Now, gentlemen. why should we es-
| tablish precedent fol future times tc
pay the bills of an officer who has
been found guilty of an assault, :
has not been the policy, as l under
! stand it, of this State TO pay sucf
bills. and l believe it would be wrons
4 for us to establish such policy al
| this time, and therefore, Mr.. Speaker
l move that this resolve be indefinite.
ly postponed
| Mr.. AUSTIN of Phillips: Mr.. Speak
err as member of the committee OF
claims l simply want to state the in.
formation which your committee hat
in acting upon this matter. | do mo-
propose TO make any argument ethel
for or against the claim.
The matter as 1t was presented t.
the committee was this: 1t was pre-,
/ sented by ex-Attorney General Phil
brook. and the committee gave it
hearing of an honr or mara d,,rin