Daily Kennebec journal., 1922-08-29
Probable Cause
Found on Charge of
Resisting an Officer
Charge Of Intoxication Also Brought
Against Frank FerIand Aired Mon
day at Augusta Court ~ Lewiston
Man Fined for Speeding Automobile

Frank Ferland, a resident Of this
city for the past two months, was ar
raigned Monday morning before
Judge Cony at the municipal court
charged with intoxication and with
resisting an officer in the performance
Of his duties. Ferland pleaded not
auilty through his attorney, Burleigh
Martin, but probable cause was
found and he was bound over to the
September term of the superior
court in the sum of $3.50, which had
not been obtained last night.
The first witness for the State, Of
ficer Levi Cyr Of the Augusta police
force testified that he saw Ferland
coming out of restaurant on Water
street near Bond street about II
o'clock Sunday morning and that
F'erland was apparently intoxicated.
Mr.. Cyr was at the time across the
street from the man and he started
toward him to get him off the street
as the people were coming from
church.
AS officer Cyr approached within
about 20 feet of Ferland, he heard
tliC littti IlleihC Stll iilbNIIIlL l1Ilittih ~ to
three girls who were passing. The
officer grabbed the man by the shoul-
der and told him that that kind of
talk did not go around here. Ferland
tried to pull away from him but did
not get free and they fell to the pave
ment. Officer Cyr tried to get his
handouts to put upon the man, Vut
was unable to reach them and the
men regained their feet. They soon
went to the pavement again and
while down, with the officer on top, he
felt some one touch his back. He
looked around and as he did, Fer
land gouged his face with his finger
nails and also bit the officer in the
thumb. Mr.. Cyr then called upon
Marshall Thibodeau who was in the
crowd to get his handouts from his
rocket and put them on the man.
There was a good sized crowd around
at the time.
Mr.. Thihodeau stated that he had
seen the trouble, but that he did not
see Ferlard wound the officer. lie did
notice the marks upon officer Cyr's
face when they had got the man
handcuffed. lie did see him try to
strike the officer.
City Marshal Mckcnpcy testified
| that he was in the station when the
man was brought in and that when he
| searched him he found some brass
| knuckles" These were produced as
| evidence at the hearing. The marshal
said that the defendant had made
10 statement about them except that
/ he had not used them.
/ No testimony was offered by the
! defense. Attorney Martin summet
! the case up and said that he believe"
/ that the reason for the act was the
man did not know what he was dpinG
as he was intoxicated.
Judge Cony said that he would b
| inclined to be lenient with the man
| if he had not had the brass knuckleS
with him, but that he could not CON
| Ceiye of any legitimate reason fcr
| having them in ones possession.
Case Against Lewiston Man
! Harry Gilbert Of Lewiston was also
| arraigned Monday morning upon
complaint of Officer E. +. Fowler of
.he State motorcycle police force,
| charged Wlln Opetdt4liS =" Hio'oi -
Licle at an unlawful rate of speed on
Western avenue. Gilbert pleaded
guilty and was fined $25, and a sen
tence of five days in jail was sus-
pended upon payment of fine.
The officer testified that he had
seen the man pass several cars on
Western avenue at a speed of Is
miles an hour and that he had got
caught in the car track in such way
that he narrowly missed colliding
With one of the cars. Gilbert said in
his own defense that he had thought
that the other cars We're going 10
stop and that for that reason he had
increased his speed to pass them. llc
had not been going over 10 miles an
hour until then.