Daily Kennebec journal., 1914-02-03

not to be rendered against him because
he says that the said indictment and
the matters therein alleged, in the
manner and form in which they are
therein stated, are not sufficient in
law for any Judgment to be rendered
thereon, in the following particulars,
to wit:
1.-The indictment charges in one
and the same count two distinct al
legged offences, to wit, that the de-
fendant did compose, write and print
an alleged libelous article at Water
vile in the county Of Kennebec and
beyond the Jurisdiction of this court,
and that he did publish and circulate
and cause to be published and circu-
lated an alleged libelous article at
Portland in the county of Cumber-
land.
2-The Indictment does not allege the
commission of any crime at any place
within the jurisdiction of this court,
to wit, in the county of Cumberland,
in that it does not charge that the de-
fendant did wifully publish and cir
culate or wilfully cause to be pub
lished and circulated the alleged libel
Gus matter within the county of Cum
berland.
3-The indictment shows that what
ever offence was committed by this
defendant, if any, was committed IN
the county of kennebec and beyond
the jurisdiction of this court.
4-Neither the alleged libelous mat
ter standing alone nor the same taken
in connection with the entire article
in fact or in law.
5-And for divers other reasons ap-
pearing in said indictment, wherefore
he prays that judgment on said YER
dict may be arrested, and that he may
be hence dismissed and discharged
Mr.. Shelton read the motion and
then stated that the indictment sets
forth that the respondent on OCTOBER
1 "contriving and unlawfully, wicked
ly and malieiously intending to lnJure,
cilify, prejudice and defame the said
George F. Haley, and to intimate and
cause it to be believed that the SAID
George F. Haley has been guilty of
gross misconduct in his said office OF
Justice of said court, and to deprive
him, the said George f. Haley of his
good name, credit and reputation, and
to expose the said George F. Haley to
wrath and TO expose him, the said
George f. Haley to public hatred and
attack and ridicule, and to deprive
him, the said George F. Haley, of the
benefits of public confidence and So
cial intercourse, and to bring him,
the said George F. Haley, into great
contempt, scandal, infamy and dis
grace, did heretofore, to the first day
of October, A. D., 1913, at said Water
vile, unlawfully, maliciously and
wickedly comose, write and print in
said Civic League Record. and did
heretofore, to wit, on the first day of
October, A. D., 1918, at Portland, in
the county of Cumberland, publish and
the county of Cumberland, publish and
circulated" and then goes on to state
the alleged libel which it charges was
printed and circulated.
Claim of Defence.
The statute he argued, defines libel
and those who are guilty of libel. I'm
der this whoever composes, writes or
prints a libel is guilty where the Of
fence is committed, which is set forth
in this case by the indictment as be-
ing in Kennebec county. Then, he said,
after a semi-colon and as a separate
offence the. statute says that whoever
wilfully publishes and circulates or
causes to be published and circulated
a libel is guilty.
The defence, he said, Gains that the
Indictment is fatally defective in that
it does not allege any offence in Cum
berland county. The offence, he pre-
surned, must be set forth in the Ian
guage of the statute, but the Indictment
does not allege that respondent wilful-
ly circulated copies of the alleged lbe,
IL Cumberland county, and wilful eircu-
lation is the offence named in the
statute.
1t is true. he said. that the indictment
alleges the defendant "malicously''
wrote. composed and printed the alleged
libel. and that in the case of State VS.
Robbins, in which defendant was charg
ed with maliciously circulating a libel
the indictment was sustained on the
ground that maliciously included in its
meaning wilful circulation. But in tns
case he said the Indictment charges ma
liciousness in the writing. composing and
printing but not in the circulating, and
there is not in this Indictment. he argued,
statement of the offence in language
equivalent to the language of the statute
Furthermore, he argued, the Indictment
charges two offences There is not he
said, combination of the various viola
tons of the libel statute, but a general
allegation Of one offence, committed in
Kennebec county and of another offence
committed in an entirely distinct manner
in Cumberland county. The indictment,
he said, charges one complete and full OIL
fence in Kennebec county outside the
jurisdiction of the court, and another
complete and full offence in Cumberland
county. So that the jury was called upon
by the language of the indictment, he ar
gued, with the court having no alterna-
tive because of the language of the in
dictment, to pass upon two alleged Of
fences, one committed in Kennebec coun-
ty, outside the jurisdiction of the court
and the other in Cumberland county.
County Attorneys Reply.
County Attorney Bates in reply to Mr.
Skeletons argument read the section of
tho indintpoapt ruoted hy him and said