Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-28
HOLD ATTORNEY IN
CONTEMPT OF COURT
IN PORTLAND CASE

Portland, Me-, April 27.-Proceedings
that are thought to be unprecedented
occurred in the Cumberland superior
court Saturday, when Frederick w
Hinckley, one of the most prominent
attorneys in this part of the State,
was adjudged in contempt of court
and at once arrested on orders of
Judge Connolley
The judge accused Mr. Hinckley of
not acting in good faith when he ask
cd that the jury be taken to Baldwin
to view the premises in the suit of J.
S. Richardson and others VS.. Frank
w. Wood.
After being under arrest for nearly
three hours. Mr.. Hinckley was re-
leased from custody on the promise
that he would prove Monday when
court re-assembled that he had acted
in good faith.
Suit for Trespass
The case, in which this proceeding
figured, was, a suit to recover 5000
from Mr.. Wood, on the ground that
he had trespassed on the Richardson
property in Baldwin and there had cut
5000 feet of white pine in the fall of
1909
The case was opened to the jury
Wednesday forenoon and the plaintiff
required day and a half for the
presentation of his side of the case.
Late Thursday forenoon the plaintiff
rested
Mr.. Hinckley moved for a non-suit
but this was denied. He then asked
that the jury be allowed to go to
Baldwin to view the premises in dis
pute that they might judge whether
or not the boundary line between the
Wood and the Richardson lot had
been crossed.
Friday the jury was in Baldwin and
Saturday morning court re-assembled
to hear the evidence for the defence.
Mr.. Hinckley announced that he
would offer no testimony, on the
ground that no necessity for evidence
in that the jury had viewed the
scene of the alleged trespass.
Talked to Jury
Judge William Lyons of Westbrook,
attorney for the plaintiff, declared
that on the trip to Baldwin. Mr..
Hinckley had addressed the jury in
viola ton of court proceedings, and
personally had pointed out several
things and had made remarks that
would not be admitted in court
Judge ConnolIey, in view 70 these
proceedings, said he was forced to the
conclusion that in not offering any
evidence for the defence, Mr.. Hinck-
Ia.r l,.,1 l.. Il f,s .I.
ing. that the jury go to Baldwin. He
then declared Mr.. Hinckley in con-
tempt of court and ordered Court Of
ffcer Daniel Aver to take the attorney
into custody. TO stand committed in
the county jail until a fine of 1915
the expense of taking the jury to
Baldwin, should be paid.
Mr.. Hinckley said he thought he
was acting within his rights and that
it was not necessary for him to pre-
sent evidence
Judge Connolley said that it was
necessary for the records of the court
to show something as to what the jury
| had seen and that witnesses should be
offered to explain just the things
pointed out in that trip.
Asked Exceptions
Mr. Hinckley asked that exception
be taken on the ground that he had
been compelled to offer defensive testi-
mony when he did net desire to. To
this the court replied that he was not
compelling Mr.. Hinckioy. to offer tes-
| timony.
A recess was then taken for two
hours At itsscoMclnsion. 'sf4tAr confer
ence with ,eAer attorAeys .and with
Judge Connelle% in BEivate, Mr.
Hinckley agpead that ifHhe order OF
arrest weressxa.eated and the fine re-
mitted he would prese3pt evidence tc
sustain the points fer (which he wish
ed the jury to mako it's view of the
premises in Baldwin, He then was re-
leased from custody.
/