The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1895-12-20
THE LIQUOR PROSECUTION.
How Increasing the Traffic DimiMishes
the Crime and Pcnnlty-QUitc Loop.

How increasing the Traffic Dimimtshs
the Crime and Pcn"ity-0"ite Loop
hole.
Landlords l.. Il. Mosoley Of tn
Rockingham and o. i. knowlton G
. the Commercial hotels, arrested las
{ week on complaint OF the principal o
; Vermont Academy who accused then
of selling to students who recently go
on spree here, were arraigned befor
: Justice Chas. ii. Williams Monday ant
plead guilty to 10 otfenses each ant
were fined 800 each and costs amount
ing to Sl12 each. States Attorne.
Fits who appeared for the prosecution
who felt sure of proof of only three
offenscs each, of course accepted thu
plea Geo \. Weston appeared fol
the respondents and before sentence
was imposed raised the claim, which
the court sustained and which appears
to be the law. that they must be pun
ished under the section which makes
a man common seller on proof OF
over five or not less than 10 otienses.
The 'kick' here was that while
they both have once before been con
victed of selling, it was not under the
common seller section, and by max
ing q plea of guilty that would bring
the case under this section, the re-
spondents would escape going to the
House of Correction, whereas if it was
conviction under the other section
relating to selling simply they would
have to go up. This was tho reason
for the extraordinary liberality OF the
defense in owning up to so much more
than could be proved, and the state
could not very well refuse to accept a
plea OF 10 otfenses instead of three.
Under the statute for selling, fur,
aishing or giving away the first
offepse means a fine and the second
Imprisonment Under that for being
common seller" the fine is fixed
at 500 and costs for the first ofense,
5000 for the second and Imprisonment
for the third
So under this beautiful law, Il man,
who sells u single glass after being once
gal = prosecution bf
convicted, is rairoaded to Rutland,
but if he can prove at each prosecu-
tion that he has sold moro than five,
he is safe from anything but a fine
until the third time round
This was the way brisbane was
caught. At the original hearing be-
fore the justice the states witness dis
closed five sales. If it had been six
he could have got off with 800 fine
as common seller but because the
trial left him one sixth less guilty, it
was Imprisonment, and being accused
of continuing the traffic at Westminster
and Walpole pending the appeal to the
county court it was dangerous ease to /
go to trial with
Our correspondent says:
Now the people did not want TO see either one |
Of these parties sent to the workhouse ut Rut |
land, but as Dennis brisbane was only u few |
weeks ago sentenced for one year for exactly !
he same offense their curiosity was aroused rs
20 how the law would be iuggied to keep the de
PENDANTS from receiving the same dose. OF
curse the matter rested with the states attor-
ley as TO whether he would accept this plea OF
en- oifenses or not. This same statute was
Iuoted to him by Drslanc's counsel. and he was
,sked TO have him accept it, SO that brisbane.
who had left the state, might be let of with a
Inc. This, we are informed by Mr. R0bb, the
for brisbane, the states attorney re
used to do SO the question now before the PUT.
ic mind is why the states attorney would ac-
ept the plea in one case and refuse 1t in the
ase of brisbane, wro was man in poor health
With a large family to support. IT seems that
he man with money is allowed to 20 with what
amiiy must 90 to jail. Fits was asked by the
ounsc for brisbane, as well as by other promi.
tent men, to stay the sentence in that ease until
fter Drislanes wife, who was about to become
mother, had passed through what Is one OF the
most critical times in woman's life. But he
efused to do anything of the kind. SO the old ,
dagc comes true in this case, that the man who
years the broadclOth and stiff collar can go free,
,hilc the man that wears the blouse and over, ;
Is of the laborcr must settle.
State Attorney Fits, when inter 9
iewed says with reference to the
has Ia, Il, !
he brisbane case was to change the n
omplaint to one of being common \
aller, and this he refused to do in +
nat case rs also in both cases Monday. q
Ie did not refuse and could not refuse h
, accept plea of guilty of six or p
lore otfenscs. 1t is not in the prov \
ace Of the states attorney but of the o
ourt to say whether plea should be I
Sec. 1869 Vermont Statutes 81. +
Then the plea is offered, the court will t
ak how many otfenses can be proved Q
nj in the brisbane case he should g
ave had To answer that he was not
are of proving more than five, If Il :,
lea Of six mad been offered, the same !;
Nv would have applied as in Mondays
Uses and if the latter decision was Y
ght, as Fits thinks it is. the county /
)urt would probably have held the :.
lmc way, though this Law has never !,
It been construed by the supreme II
,urt. Furthermore, Mr.. Fits says, ~
2 had proof of only three otfenscs in y,
lie hotel cases and before beginning i
lie prosecution he advised the parties =;
lck of it. Prof. Bristol and Mr. n,
) der, attorney for the Law and Order +
ague, of what this result would pro Fl
ibly be by the respondents taking adj a,
lntage of this common seller section, m
I'd they expressed themselves as salts ut
3D.
The complaints in all these cases RI,
ere just the same, for second otfenses +
selling and that is the kind of com s;
ANTS, he says, he always has and Ia
ways will bring in every case where Fl
ere is a prior conviction, and then re
is for the court to decide on the N
cas- or evidence what statute the
Sc comes under.
1t has been supposed that the reason III u,
rislane plead guilty to five otfenses =;
the county court was that he was u
raid if he stood trial, more than 10
,uld be proved against him, so that
could not get advantage of the Al,
seller section. At any rate ~ "a
was his own choice whether he ~ ~
,uld take the chances or not. AZ. w.