Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-01-27
DAILY KENNEBEC JOURNAL. TUESDAY JANUARY q. 1914

respondent was acting in good faith
without malice and believed that the
statements were true, then the art-
Gle was still privileged.
He read the article in the Septem-
Der number of the Civic League Rec
ord in which the alleged libelous
statement concerning Justice Haley,
that Is, "the Governor has no power,
apart from legislative authority, to
deal with any recreant official. II ne
did have such power, we should look
for the removal of Judge Haley, who
SO brazenly protected Penobscot coun-
ty rumseIlers from the faithful officer
of that county" The article contain
ed quotations from the Bangor News
and Biddeford Record concerning an
interview with Governor Haines about
the enforcement of the prohibitory
law. He argued that the entire arti-
Gle, taken together, referred to Judge
Haley simply and solely as presiding
justice of the September term of the
supreme court in Penobscot county
and did not comment upon him as an
individual.
Jurys Duty.
He said the defence would direct
their evidence on the assumption that
the article clearly refers to the acts
of Judge Haley as public official:
that it was a criticism of Judge Haley
and that it was for the jury to deter
mine whether it was just or unjust.
He said the defence would attempt to
show that the article was a reasonable
statement of the judges conduct, say
ing that he knew no better way to
establish this than to show what was
done at that term of court. He said
it would appear that a special effort
was being made in Penobscot county
to enforce the law. 1t will be shown,
he said, that between the February
and September term sof court, con-
siderable number of cases of violation
of the liquor law had been secured.
many of which were within the juris-
diction of the lower court. He started
to say something about these cases
when he was interrupted by County
Attorney Bates.
Mr.. Bates said that unless the de-
fence could show unlawful acts or an
unlawful agreement for lawful acts,
he should object to the Introduction
of evidence of lawful acts as a defence
for the alleged libel.
Judge Cononlly said that evidence of
lawful acts would not be admissible
unless basis of an unlawful agree
ment was established. Mr.. Shelton
asked what would be the ruling of
the Court if evidence were introduced
TO show that the sentences were less
those imposed in the lower courts and
smaller than was necessary to deter
the violation of the law. The judge
asked in whose mind this necessary
requirement was to be determined. Mr.
Shelton said in the minds of the jury
Judge Connolly said that the jury can
not review the acts of the supreme
court at Bangor. that such proceed
ing would not stand and that evidence
of lawful acts would be excluded I'M
less proper foundation should be laid.
Mr.. Shelton safd it would be shown
that a large number of respondents
whose cases had been continued from
the February term had voluntarily
come in at the September term. Mr.
Bates objected that the fact that re-
spondents did net come in at one term
and did at another. was no evidence
against the presiding justice. Mr..
SHELTON had also spoken of Judge Ha-
leys acts against the remonstrauces
of the sheriff and county attorney.
Judge Connolly pointed out that the
departments of the government were
executive, judicial and legislative, and
that the executive had no right to in
terfere with the decisions of the ju-
dietary.