The Portland daily press., 1891-03-27
THAT CIDER CASE.
sullivan Given Six Months and the
Cider To Be Destroyed.

The cider case that was adjourned from
last week. came up in the Municipal Court
before Judge Gould yesterday morning.
Assistant County True appeared for the
government. and A. W. Bradbury, ESQ.,, for
the respondents, John w. Sullivan and John
w. Haley.
The first witness was Deputy Sheriff Plum
mer. He said the cider was rolled up ON
skids, one tier above another. The barrels
were on tap, one nearly empty and another
having only small quantity drawn out. Up
stairs, In the saloon, glasses were found
smelling strongly Of cider. With reference
to the connection Of Sullivan with the place
the witness said that on one occasion they
arrested the bar tender. Sullivan wanted him
released. saying that he would have him In
court the next morning and remarked:
Sterling will tell you that when I say 1
Will have one of my men in court, always
do as l agree" AT another time Haley said
Don't take those glasses, the belong to
me-" On cross examination Mr.. Plummer
said that there was some vineger In the Gel
lar, but they didn't seize that. Sheriff Cram
and Deputies Sterling and Chute were with
him when the cider was seized.
J. @. Dow was then put on the stand. He
said he had been at this saloon. Never
drank cider there. Never drank any liquor
there Does not drink at all. He finally
admitted that he had drunk Alica beer
there.
Harry d. Burnham of Deering was put on
the stand as the next witness. This man
had been summoned as witness in the case
when 1t was first brought into court. After
that he left town for parts unknown. After
some search the officers found him in Brock
ton, arrested him and brought him to Port
land. His testimony came like pulling
teeth. The assistant county attorney ques
toned him and then Judge Gould gave him
searching examination. He was forced to
admit that he had gone into the saloon with
Dow. They had something to drink. He
supposed it was meant for old cider, but 1t
was nearer vinegar. He said he left town
because he got job in Brockton. After
deal Of questioning he admitted that he was
paid $40 or $15 to go. A young man he did
not know came up to him in front of the
Preble House and told him he had something
for him. He saw this young man again on
Commercial street. and the young man
handed him an envelope containing the mon
ey. He denied having any talk with Sulli-
van. He never saw the young man who
gave him the money, previous to that tran
saction and had not seen him since. He
didn't think he could now identify this young
man.
Herbert l.. Marsh testified that he had
drunk ginger ale In the saloon but nothing
stronger.
For the defence Mr.. e. c. Jordan was
called. He presented plans of the premises
and showed that there is no connection be-
tween No. 115 Centre street, Sullivan's res
idence, and the saloon, No. Ill, on the same
street.
John w. Sullivan then took the stand in
his own behalf. He lives at No. 115 Centre
street. Has no connection with the saloon
No. Ill, having sold 1t in April. 1888 to John
w. Haley. He said there was cider there
when he sold out. He had been In the cider
business and besides sold vinegar to con-
siderable extent The skids on which the
cider stood were made permanent, so that
the cider need not be disturbed until 1t had
turned to vinegar. He denied having any
ownership or superintendence over the sa-
loon No. Ill Centre street.
John w. Haley testified that he owned the
saloon. He said Sullivan had nothing to do
with it. He had dealt In cider, selling 1t fire.
quently by the barrel to Lewiston and Gar
diner parties and others. He bought the
cider which was seized, from Mr. Porter of |
South Paris, Nov. /, 1890, and was going TO
make cider of it.
This was the principal part of the evi-
dence. After the counsel had made their
arguments Judge Gould announced that he
should find Sullivan guilty on the search and
seizure complaint. He fined him $10e and
costs and sentenced him to six months in the
county jail Sullivan appealed.
The cider was ordered destroyed. 1t was
worth about 5000. Sullivan or Haley, or
whoever the owner is loses that amount.
Burnham, the man who left town in disre-
gard of a subpoena to appear in court, was
bound over to the grand jury for this offence
in the sum Of $500. He was also held In the
sum of $500 as an important witness In this