Waterbury evening Democrat., 1888-04-25
HARD CIDER DRINKING.
It Got Two Men Into Trouble but a Jury Fails to Convict One of them of Horse Stealing.

It Got Two Men Into Trouble but a Jury
 Fails to Convict One of them of Horse Stealing.
 This morning promptly at 9:3O Sheriff Gates rapped for order and announced that the honorable superior court of New Ha- ven county was in session. The case of Eugene Stowe charged with stealing @ horse from Liveryman Wheeler of this city last February, which was called late yesterday, occupied the attention of the fury. Stephen s. Barden and George Will Hams, who reside in Straitsville, a suburb of Naugatuck, testified that Stone and 8 man named Nichols came to their house and offered the horse for sale. Williams agreed to give them $10 for the outfit. Bar den said that they all staid up that night l and talked horse and drank cider. Several other witnesses testified to seeing the men l with the animal Officer Michael Sul- livan testified that he arrested Stone and Nichols. Liveryman Wheeler testified that they hired the team to go to the Hillside house. He did not see them until he found them in Straitsville.
 Stone was put upon the witness stand and denied that they staid up all night. He admitted they played cards and drank cider until 12 o'clock and then went to bed Mrs Nettie Stone, the prisoners wife, testified that her husband was a very heavy drinker but was a very good hus- band, that he had been a drunk for some time and was undoubtedly drunk when he hired the team.
 Assistant State Attorney Terry made the argument for the state and said he was sorry he did not indict Stone and Nichols together and save the state some expense Attorney Root defended the prisoner and in his argument said that they were drunk and had no intention of selling the animal He claimed that no man could resist that appetite for drink, that it virtually was disease. When man drinks cider, beer and whisky, all in one day, his mind was not his own. The witnesses, Barden and Williams, were great cider drinkers. They drank two barrels of cider in very short time and then borrowed some from their neighbors. He also said that Stone had wife and five children and that his place was home, but he had tempta- ton for liquor, but that there was no attempt to steal horse In making the closing argument District Attorney Terry quoted the law in regard to man accused of crime on the grounds of intoxication, which did not excuse, the man as intoxica- tion was also crime.
 Judge Carpenter charged the jury and | at 1:2O they retired. At 12 o'clock the foreman announced that they could not agree and that they returned for instruc- | tions as to whether after going to Hillside | Stone and Williams formed the intention of stealing the horse, would it be a theft Judge Carpenter gave the necessary in | struction and they retired. At 12:3O they | returned and the foreman announced that 1 they could not agree. The court ordered the papers returned and the jury were ex- I cused from the case.
 While waiting for the jury on the Stone case Attorney Kennedy of Naugatuck made motion that the case of the state
 vs. Patrick Kelly, for injury to public property, be erased from the docket on the | ground that the warrant had not been
 signed by a justice. The court refused tc grant his motion.
 John Brennan, the city hall burglar
 through his guardian attorney Lowe, chan
 ged his plea from not guilty to guilty. At
 torney. Lowe said that the boy had very
 good record previous to this and that he
 threw him on the mercy of the court, ano 1 thought that year in state prison would
 be enough punishment.
 Attorney Terry did not want to see tht
 boy go to state prison as he was young an6
 could be reformed That if he went there
 when he got out be would be branded as
 convict. The court thought that if ht
 could obtain bondsman he would let th'
 case rest until he would hear of his gooc conduct.
 John Connolly, who was found no
 guilty by the jury yesterday on account o
 insanity, was sentenced to four years il the Connecticut hospital for the insane b,
 Judge Carpenter immediately upon thu
 opening of the afternoon session. H.
 smiled when he heard his sentence.
 John Donovan was charged with being
 tramp. He said he had worked twenty :. two years on the railroad, four years O. that time in this state. He mistook Office Brickel for railroad man and asked hin for ten cents. CLOSE OF ST AIMS FAIR.