Ellsworth American., 1920-04-21
THE TALE OF A MUsKRaT.
Aired for Three Days in Ellsworth
Municipal Court.

Judge Crabtree of the Ellsworth
municipal court vas occupied for the
greater part of three days last week
trying a muskrat case, or rather a
sequence of cases.
For better understanding of the
cases, the facts, as they appear, should
first be briefly stated Herbert and
Irving Salisbury, in company. and
belmont Sargent and Bernard Nc
Dewitt. in company. have been trap
ping muskrats on Union river in the
vicinity of Brimmer's bridge. The
Salisburys suspected that their traps
had been rifled.
On Monday of last week they took
a dead rat from one of their traps
placed it in another of their traps
from which they believed a rat had
been stolen the day before, and hid
in the bushes to watch. Soon Sar-
gent and McDevitt came along in
their boat. took the rat from the
trap, and started off Then the
! Salisburys came from their place of
/ concealment, and charged them with
! stealing their rat. Herbert Sails
| bury had gun. He says he ordered
them to come ashore. or he would
blow a hole in their boat Sargent
and McDevitt say he threatened to
blow their heads OFF. That's little
variance in the stories that doesn't
make much difference, for neither
thing happened. The boys came
ashore They claimed in court later
that they had trap set at the same
place, and thought they were TAX
ing the rat from their own trap.
Then followed a series of warrants
and trials and mistrials that kept the
municipal court busy three days.
Fred L. Mason appeared for Nc
Dewitt and Sargent. and Henry NJ
Hall for Herbert Salisbury. Irving
Salisbury was in the cases only as
witness. As matter of fact, Mr..
Hall appeared for the State in the
cases in which the Salisburys were
complainants, and Mr.. Mason was for
the State in the case in which Nc
Dewitt was the complainant. The
cases developed into a lively battle |
between attorneys.
The first warrants were issued for
Sargent and McDevitt for stealing a
muskrat." Lawyer Mason dug out
an old Massachusetts, case in which ii
was ruled, in substance. that the
warrant must specify that it was a
dead muskrat. That finished the
case for the first day. Judge Crab |
tree continued it until the next day
to allow the State to dig into this
feature Mr.. Hall produced the next
day a ruling that Holsters were lob
sters dead or alive, and argued that
a muskrat was a muskrat, dead
or alive. The court couldn't see 1t
that way-the cases were not paral-
lei. the lobster ruling being in a
short-lobster case, and not in a
charge of stealing. The warrants
were therefore dismissed.
But the tale of the muskrat was
longer than that. Sheriff Wescott
pulled new warrants out of his
pocket, and rearrested Sargent and
McDevitt on the charge of stealing
dead muskrat." b
McDevitt waived the reading of
this warrant, pleaded not guilty, was
found guilty. and fined SIS and costs,
which he paid.
This ended the case so far as Nc
Dewitt was concerned, but Sargent
gained a longer respite. The war
rant had been issued in the name OF
Adelbert Sargent. Evidence was pro
duced to prove that his name was
belmont Sargent, and that warrant
was quashed. A new warrant
against belmont Sargent was
promptly forthcoming, however, and
to this he pleaded nolo contendere.
Because of his consideration in max
ing this plea and saving the court
another trial. he got off with fine
of 81 and costs.
In the meantime. McDevitt had
had warrants issued against Herbert
Salisbury, one charging him with as
sault. and the other with assault
with a dangerous weapon. The lat
ter charge was mol pressed by the
State. The other case was sub
mitted to court on the evidence pf0F
duced in the previous cases. and
Judge Crabtree found respondent
guilty of technical assault, and fined
him / cent and costs. which he paid.
c. aras tha tola oF tha nNuSkraf