The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-09-28


Drinking Clubs Declared Illegal.
Important Trial in Amdroscoggin County.
JUDGE wALToN's CHARGE TO THE JURY.
On Tuesday last the trial of O. nj. Bradpury
was commen ed before the Supreme Court IN
session at Auburn. on an 1ndlctment against
him as common seller. This is the first of
three in lictments against the originators and
leading men of drinking club which has re-
Gently been organized in Lewiston. Hon. n
M. Ludden conducted the case for the govern
ment and Hon. G. w. Goddard of this civ
was counsel for the defendant. The trial clos
ed Wednesday night. From a report given in
the Thursday evening edition of the Lewiston
journal, which reached us yesterday, we take
Tie ioilowing account of the proceedings:
1t appeared in evidence that this Drinking
SiuD was organized in this city only a few
days before the police fell upon it, and in that
tne It's members hal increased to something
over twenty. The club was governed by
constitution, the terms of membership being
these: BY paying 81 or So person became
the recipient of a ticket which admitted him
to private key to the club room, and to the
privileges of the same, and entitled him in
Unc 1Ornef case TO S6ceR ana IN the latter to
Mi1ty-seUen drinks, indicated by that number
OF figures on the ticket When person hold
ing carl visited the room and wet his whis-
tie, the figures were punched to the extent of
his drinks by the person having the room in
charge. When the ticket was used nm. an
other one was obtained of the person in CHARGE
by paying the ticket Fee A clerk or ooent
was employed to sell the tickets and receive
the pay therefor, with the proceeds of which
he was TO keep the. stock of whiskey. ale ci
CARS and tobacco replenished
The counsel for respondent Mr.. Goddard ar
gued Tor two hours with great ingenuity. to
snow That this arrangement for dispensine
liquors did not constitute sale of the same.
OF snow the respondent, one of the Club to be
a common seller within the meaning of the
Act OF 1913 lie admitted that this club sys-
TEN was highly dangerous TO the persons con-
cerned and to the com. nunity, and ought to he
repressed, but he contended that the law
would nave to be changed before it would
reach these clubs.
MIR. Ludden, for the government responded
IN very clear statement of the law, contend
ing that such bald attempt to evade the Act
OF 1888 was just what the law makers contem-
plated when they prohibited not only the d.
rect but the indirect sale of intoxicating
liquors as beverage. As most Of Mr., Lud-
dens points are included in the Judges charge
10 the Jury, they are ommitted in the report
Judge walton charged the Jury that il they
should find the state of facts admitted Inv tba
respondent, 1t would constitute him and every
one associated with him ia the club, common
seller under the Act of 1858. The JUDGE then
read from the Act as follows:
mo person shall be allowed, at any time to
sen, by himself, his clerk or agent. directly or
hereinafter provided" 80
"A partner III business shall be liable for tho
uhiawful keeping or the selling of his coDart.
her, done IN the coparmership business or Inv
any otarr person N any shop store, or other
DnSInnSg n mol.
his knowledge and assent WV
Judge Walton said that the state of facts adj
United shows chat en- the payment of a certain
sum OF money person received q ticket
which entitled him to a certain number of
urlnNs, ana the delivery of those drinks COM
pleted the transaction. 1t is not denied, for
the payment of the money and delivery Of the
Hquor negatived it,-that there was a nnrcbas "a
OF liquor In this transaction, but it is contend
Gu tnere was no SALE But there can be no
purchase and purchaser without q sale and
selier, any more than there can be child w;tb
outa parent Somebody has sold the lionor-
indirectly it may be. 1t is not necessary under
the act OF 1858 that the sale should be directly.
t tua' ate Is broad enough to cover any trans
acIions wnere IN consequence of valuable
consideration, Intoxicating liquors are deliver
ed to any person. Although the transact;on
NAV De carried on by an agent yet the en-
ployers cannot escape, while the agent is re-
sponsibe also. There can be no question Int
mat the agent who had charge of this Drink
ing Club, received the pay for tickets
the fact that the pay is in advance
makes no Observation-Disclosures the liquor and
repienlshed the stocks, would be liable as a
common seller. But if he is liable. then his
employers are also liable
Inc Judge SAID that the employers of the
agent and the responsible managers. are the
members OF the Club, who in that capacity
eaIry on limited partnership for a speciaI
--pprpose; and the act of1S53 especially nrovidas
Inc Illes-spch partner shall be held liable for
snip, with his-fffAegions done by the copartner-
t - eacn lndividtirs ..ssrr,ber of In this
Fhet ior one Illegal acts Of the Cnh az SiuD Is y
~, Siet oopa by any mefnr.o- ~ tnefr agent.
the counsel for the respondent having made
me le point that although the transactions of the
CIcD might make each member liable for a sim
slT sue, yea tney could not be held as common
seliefs, considering that their Club had been
running only two days, the Judge said that a
person might become common seller in five
minutes as well as il five years. That. howev-
er, Is question for the Jury.
Judge walton said that he did not entertain
que sIlgntest doubt on the points on which he
mad Instructed the jury. He said he did not
CONSIDER this Club plan of evadino the Act of
Iooo, although coDfessedly bald and bare-faced
;aoessiPe 70 aefy law, as having even the mer-
II oi ingenuity. The originators OF the plan
Gould not have consulted even resnectahle
lawyer, else they would not have imagined that
IIney could escape the penalty of the laws
u ~ was true that our laws against drink.
4LS 1Ho tlpplln9 shops could be
linus evaded, then all attempts to
restrain the opening of liquor shons
would be at an end; for if one Club of 30
members can legally carry on its operations.
tnen one OF 200 members, and five. ten or a
hnndred of greater or less membership NAV be
maintained, until every other building is a
m9uor-shop, sugar-coated with the name of
Drinklng Club" And what is to prevent an
lnn-keeper or any man who desires to one. a
rum-shop from doing business in the same
manner, covering his proft-if indeed that
may Dc regarded necessary-by charging his
Ratrons generous salary for acting as AGENT
Inc law SO clearly prohibits any transactions
Wnere liquor is delivered for valuable consid-
GRAFTON, no matter how covered up, that he who
runs may read. - ~ WV
Judge Walton, in conclusion, adyerted TO
the manner IN which these drinking climbs are
conducted, and said that in his Judgment no
FORM OF drinking houses could be set m.
wnicn must prove more injurious to the con-,
nunlty and more dangerous to the persons
9rsWn INTO them. No place could have a more
ueauly moral atmosphere. If the club system
conenued, it could but result in fearful de-
1norailzation OF society and in bringing a large
early grave. ~ w q"
Inc. Inc Jury promptly returned a verdict of
suity. Inc counsel for the respondent indi-
cageo tney should except to the rulinrs of the
Juuge, ana carry the case m to tho tnli hanoh