The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1895-11-06
THE FISH HATCHERY CASE,

THE FISH HATCHERY CASE.
STATE v. JOHN w. TIrcoMB of St. Johns
bury came up for trial Thursday afternoon.
The respondent is charged in the common
counts with selling, furnishing and giving
away Intoxicating liquor CONTRARY to law.
The first move made by respondents coun-
sci was a motion for continuance alleging
| tn at respondent could not have at this time
a fair trial, owing to the publication of GER
tain newspaper editorials. The jury was
polled. The respondents counsel made
five preemptory challenges. The following
jurymen were finally chosen: Wallace
Plastridge F. T. Hutchins son, Lee Shortt,
George H. Lewis, M. s. Strong, N. A. Cut
Ter, William A. Perry, Charles Gallison
and A. G. Slayton. The state opened its
case by having seventeen witnesses sworn.
K. A. MUTT was the first witness. Mr..
Nutt, as newspaper reporter, visited the
Roxbury fish hatchery on Wednesday, Oc-
| tober "a, 1894, with some sixty five others,
mostly members of the 8 ate legislature.
| Witness saw respondent and G. G. Warren
| at the hatchery. The former, it was con-
coded, was a fish commissioner at that time
and one Of the officers in charge of the fish
hatchery. There are two small rooms and
u large room at the hatchery. Witness saw
two bottles in the large room in which was
| coOred liquor; saw also common glass tum-
blers, and saw drinking there When one
of the bottles was EN- piled it was removed,
| and full bottle was put in its place. He
did not know the kind of the liquor, nor did
he see any connection Of the respondent
with the liquor. Witness remembered see-
ing Senator Allen, chairman Of the COM
mittee on game and fisheries, that afternoon
| at the hatchery.
G. II. HEAToN was the next witness for
the state. He received his invitation from
Senator Allen. He saw lightcoored liquor
in bottles, one bottle being placed at each
| end of a bench or trough. Had an invita-.
ton from Senator Allen to step in aud par
take Of refreshments.
HORACE W. BAILEY of Newblry, mem.
Der of the senate and one OF the present fish
| commissioners, testified that, on invitation
Of Senator Allen Of Fair Haven, he attended
| the visit Of the joint committee of the senate
and house to the fish hatchery at Roxbury
| in 1894. He saw some Intoxicating liquor in
the large room and drank some; would say
| 1t was whiskey. Saw one bottle in one Of
the Matching .troughs; also saw some grapes
| in baskets. Saw no one else drink Went
| into the room on invitation of Senator AL.
len, who asked him If he would not like
to have something to hold in his mouth.
While inside he was not invited to drink.
AMOS DAVIS Of Hyde Park, representative
in 1894, also visited the hatchery on the oc.
casion in question. Drank Of whiskey there
| and saw several others do 80. Saw two diff
ferent bottles and two or three tumblers;
also grapes and cigars.
BYRON RAY, the member from Monkton,
was the next witness. On the occasion in
question he drank whiskey out of q bottle.
| Did not see any tumbler
FRED T. PORTER, the member from Burke,
had Titcomb pointed out to him. Noticed
| one tumbler and drank what he pronounced
good whiskey. Saw bottles in the trough
nearest the door. Would not swear that he
noticed bottles on more than one occasion .
Saw grapes and cigars, which were passed
| round.
CHARLES TIER, member from Waltham
swore that he drank from one OF the bot
ties in question. He called its contents
whiskey.
| ORRICE BALLARD, the member from
| Georgia, visited the hatchery on invitation
of Ira Allen. Was not in the hatchery long,
as he could not endure tobacco.smoke Saw
some take liquor; so thought he would
Drank some whiskey in a tumbler poured
from bottle about half filed. He thought
most of those present drank, but did not see
a great many do so.
f. L. ANDREWS, representative from
Hinesburgh, drank what he called whskey
| from one of the bottles. 1t was colored
| liquor. His testimony before the grand jury
was excluded.
HENRY r. KENNEDY of Warren, a jury
man of Washington county court in 1894,
saw the delegation from the legislature at
the Roxbury hatchery. Saw some one take
four bottles from grip, which he placed on
q water-pipe or shelf in the hatchery build
ing The time was about midway between
the arrival and departure of the delegation
from Montpelier.
JOHN Q. FLINT, lumberman at Roxbury,
worked at the hatchery in 1894 under War
rem and Titcomb The delegation arrived
| at about one o'clock. The building is fifty.
four feet by twenty eight feet. He saw four
bottles containing colored liquor. Witness
produced four tumblers which he saw there
that day, and which he had since kept at
his house, as he had thought them too good
to destroy. Had destroyed the bottles. At
the visi OF the legislative committee in 1892
he was invited by Titcomb to drink.
l. M. HEATH, now in the lumber business
at Roxbury and the owner of land near the
| hatchery, was present at the visit in ques
ton. He estimated that there were from
fifty to seventy five in the party. Saw both
Titcomb and Warren there. Saw Titcomb
a number OF times in the hatchery, and saw
him take four bottles from a grip. This
was in the hatchery proper. He also saw
Titcomb set the bottles in tr )ugh Thought
Warren passed the cigars. They were
quart, long .necked bottles. Saw good
many drink there. Liquor was set on the
bench by Titcomb, and people came and
helped themselves. He was introduced 10
Ttcomb at Montpelier Junction by Warren
four years ago Thought Titcomb act up
the bottles before they began TO strip the
trout
FRED b. PIER, the representative from
Jamaica, testified that Titcomb was pointed
out to him at the hatchery. Saw bottles