Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-03-26
continued from Page one)

Continued 'r0" s i
s,orv regarding card playing and
ns s.iss" at the institution. He tes-
w. that prisoners had played cards
nn ..s turnkey Pinkham in the Of
Wv nat there had been intoxication
~ ,rr the prisoners. and that wom-
. :. came to the Jail and visited the
.r,soners in their cells.
"a sunday Night in the Kennebec
10 was the title of a poem writ
!h nv Mr.. Shaw while he was pris-
m .nsr and alleged to be in part de-
o arntion of events that TRANSFERRED
nne occasion in the county bastile.
VI W;tness was cross-examlned at
W.T., Nth regarding illusions in the
le aa,, and admitted that in part 1t
pt The product of his imagination.
"S testimony that he had warned
r,rrkev Barrows that there was
ianger of Kirby committing suicide
10 tbe tail, was offered by Evangelist
florence d. Greenwood of Augusta.
Tho also asserted that he has seen
"ra instance of intoxication there.
The case of the prosecution is be-
Ing presented by Franklin Fisher of
lewiston, former assistant attorney
General. who has been investigating
law conditions in Kennebec county,
and state Senator Charles B. Car
fer of Lewiston. Judge f. +. Con-
nollv. former judge of the superior
court of Cumberland county, and
palnh w. Farris of Augusta are
counsel for Sheriff Cummings.
opening of Franklin Fisher in
Sheriff Cummings case:
To His Excellency the Governor and
the Honorable Council:
In the case of Arthur H. Field. Chief
of the state Highway Police, Com
plainant, VS.. Henry F. Cummings,
Sheriff of Kennebec county. the pro-
cpeding is brought under the provi-
sions of Section 10, Article 9 of the
constitution, which reads as follows:
whenever the governor and coun-
Gil upon complaint. due notice. and
hearing shall find that sheriff is not
faithfully or efficiently performing
any duty imposed upon him by law,
the governor may remove such sheriff
from office and with the advice and
consent of the council appoint another
sheriff in his place for the remainder
of the term for which such removed
sheriff was elected"
The provisions of the Constitution
are that the sheriff may be removed
for not faithfully and efficiently per-
forming any duty opposed upon him
by law. 1t is necessary, therefore,
for the complainant to. show that
Henry F. Cummings has not faith
fully or efficiently performed duties
imposed upon him by law. The SUI
prene Court of Maine in the case of
Baker VS.. Johnson. found in the 41st
volume of the Maine Reports. says on
Page 2S that the Sheriff is the Chief
Executive officer of his county. This
statement of the Supreme Judicial
Court of the State of Maine places
squarely upon the shoulders of the
sheriff the burden of seeing that the
laws Of Maine are properly executed.
1t is with reluctance that we are here
prosecuting this complaint. Not only
is Henry F. Cummings the chief ex-
ecutive officer of Kennebec county,
but 1t further happens that Kennebec
county is the county in which the
the capitol of the State Of Maine is
situated. and above all other counties
should be the county in which the
sheriff should faithfully carry out his
oath to execute the law. Not only
has the Supreme Judicial Court of
Maine declared the sheriff to be the
chief executive officer of his county,
but the Legislature Of the State of
Maine has seen fit at various times to
lay down specific instructions that
the sheriff shall enforce the law.
These instructions are very speclnc
and stringent ! wish to read from
Chapter 1877. Section 40 Of the Re-
vised Statutes of the state Of Maine.
"sec. 40. Special duty of sheriffs.
deputies and county attorneys; penalty
for refusal or neglect. r. S. c.29, S. SO.
1905, c. Al. Sheriffs and their depu-
gently and faithfully inquire into all
violations OF law, within their respee-
tive counties, and institute proceed
ings In case OF violations or supposed
violations of law and particularly the
law against illegal sale of Intoxicating
houses and tippling-shops. gambling
houses or places, and houses OF III
fame; sheriffs and their deputies shall
promptly enter complaints before a
magistrate and execute the warrants
issued thereon, or shall furnish the
county attorney promptly and without
delay, with the names Of alleged Of
lenders, and of the witnesses. Any
sheriff. deputy sheriff or county at
torney. who shall wilfully oil. corrupt
~ refuse or neglect to perform any
OF the duties required by this section,
shall be punished by fine not exceed
ing one thousand dollars or by i'm
prisonment not exceeding one year"
We will show that Henry +. Cum
mlngs, totally neglectful, of his oath
OF office, of his duty as chief executive
OF Kennebec county, and in absolute
violation of the decisions Of the Court
OF Maine and the provisions of our
Revised Statutes. has been the friend
and associate of some of the worst
criminals in Kennebec county, and In
particular we will show that he has
oeen on friendly terms with wealthy