Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-23
Moves To Gust Sheriff Cummings Following Supreme Courts

q
corroborated by a member of the
police force of the city of Augusta,
who was also watching these prem
ises at this time and this testimony
was corroborated by evidence of the
Democratic city marshal at Augusta,
who was called from his bed late
at night by this member of his force
to go down to the Blouin house and
lobserve this automobile which he
positively identified as that of the
respondent coming from the Blouin
house with a man at the wheel who
he testified resembled the respondent
In this case. These visits took place
on two successive nights and on the
following afternoon the Federal au-
thorities and the city police made a
seizure of over 300 gallons of liquor
upon hese Blouin premises.
! 1t seems impossible to discredit or
Ignore the testimony of these three
men who were without prejudice or
impeachment of any kind and il
their testimony is to be believed then
1t must be found that the respondent
was guilty of perjury in the denials
of these visits which he made and
that the purpose of these visits was
something which he did not care to
admit or explain.
While this same Blouin was serv-
ing sentence in the Kennebec coun-
ty Jail under prosecution of the
city authorities for the seizure which
had been made, Blouin was able to
arrange for further delivery of
100 gallons of alcohol and later
Nleaded guilty in the United States
court to its illegal possession and
served a sentence of eight months
! IN the Cumberland county Jail for
the crime committed while in the
custody of the sheriff of Kennebec
county.
The enforcement of criminal law
becomes a travesty when criminals
may continue their criminal conduct
even within the confines Of our Pc
nal institutions.
one other instance is Illuminating
as to the attitude of the respondent
| regarding the violators of the law.
mere was certain place in Angus
ia which was apparently regarded
by practically all of it's citizens as
"a house of i'll fame. The reputation
of such place is legally competent
evidence to show the character of
the house. The democratic MAYOR
OF Augusta had warned the city
marshal to keep the place under
surveillance and it was ACCORDINGLY
nelng watched with various sus-
plclous circumstances occurring 10
keep MIN on guard.
Inc respondent himself received
complaint as he testified from a half
crazed husband who claimed that hi,
W11e was there at this house assoc
eating with another man.
The sheriff without Investigation in
quIred or the wife whether this was
SO and was completely treasured bv
her denial. The deputies of the re-
spondent had also had complaints re-
gardlng conditions at this house and
mad actually made searches to find
Illicit stills. 1''>'
Meanwhile the respondent as sheriff
VI me county was using the mistress
VI TINS mouse as his agent to learn
as 10 hquor conditions in one of the
ieaui'g hoteis. This might possibly
be reconciled with a proper EXERCISE
; of his duty to enforce the law although
II would seemingly recognize her
adaptability to secure information of
/ TINS sort, but in addition the respon-
, ueht was also recommending this
mouse 10 his friends as place al
winch to stay while they were in town
ana from the county Jail was calling
' up TINS house to make reservations OF
l rooms for friends who had happened
l IN. This again is the evidence of the
respondent and his own witnesses.
fY Inc repeated visits of the respon-
dent to this house upon one errand
ana another are also in startling con-
: trast to the methods used by the city
marshal to secure evidence against
' this place.
In the beginning the respondent ap.
parently recognized the very serious
character of the evidence produced by
the prosecution and pleaded almost
entirely in confession and avoidance
Inc respondent apparently rested his
/ entire plea for acquittal upon the
L ground that he was the victim of a
!, conspiracy inspired by high officials of
= the federal prohibition unit in this
State. Very great latitude was &C
, corded the defendant to produce eyi.
! dence upon this score and the effort
utterly failed. Not only was there nc
evidence introduced of any conspiracy
, or animuS, but the evidence was over.
, whelmingly in refutation of any posi-.
BILE improperly in the conduct of the
). federal authorities with regard to the
enforcement of law within this State
9 and resulted in abject apology by the
j counsel for the respondent in the clos
e ing Of his case for the destinations
: and charges which had been made
Ell The efficiency, the integrity and in.
telligence of the federal prohibition
e administration in Maine was over
= whelmingly shown and the origin OF
their suspicious regarding the attitude
RI of this respondent toward the enforce.
! ment of law was shown to have beer
. in a complaint secretly filed with them
:, by the county attorney of kennebec
county in carrying out his conception
!. OF his duty under the law.
1 Under the constitution the governor
is made responsible for "the faithful
execution" of the laws and appropri-
ate provision has been made for carry.
t ing this duty into effect. 1t Is a sol
D emn trust that must be exercised with
= out regard to the influences of various
: kinds that may be brought to bear
v Upon his own testimony this respon-
9 dent stands condemned as neither
2 faithfully nor efficiently performing
certain of the most important duties
| entrusted to his case. He has moi
i, kept prisoners confined within the
~ county Jail; he has not kept custody
of the seized liquors that have come
into his charge; he has been grossly
= negligent in not preventing the pris-
l. oners from securing Intoxicating liquor
from the stores that were in his
L charge.
" Without reference to the extent to
/ which he may have been or should
have been cognizant of the character
t of certain of the law violators with
/ whom he was associated or his denials
S of certain visits under extremely sus-
2 picious circumstances that seemed to
= be overwhelmingly proved, there
= would seem to be no course for chief
a | executive but to remove him from his
[ in, nino ,H 1l,li L i1,r,r