The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-01-18
SELLING CIGARETTES.
A Case In Court Showing Difficulty of
Conviction.

A Little Newsboy Testified against Moses
Brown-Judge Gould Thought Him
Guilty But Had to Discharge Him for
Lack of Sufficient Proof-A Colored
Orator from Boston.
There were only two prisoners in the
dock of the municipal court Thursday, but
they occupied great deal of time and were
in every way so unusual and interesting in
their self-defence that they are worthy of
some description. Moses Brown, a large in
tellieenf looking Hebrew, about 40 years of
age. was charged with selling cigarettes to
minors and plead not guilty.
Walter lies, very small, pale-race boy
about wears old. took the witness stand
his ewes Just coming above the rail. II Q said
that he bought cigarettes of Brown on Sat-
urday night at about five o'clock and Tues
day night at about seven O'Clock. Brown
kept shop on Fore street. fright across
from Danny FriePs."
ssWho gave you the cigarettes?" said Judge
Gould.
Him." pointing at Brown. Some one
told the boys mother about it and she COM
plained TO the police.
YOU'RE sure that this is the man?''
eyes,.
At this point Brown desired to ask the boy
some questions.
Glow long since you began to smoke
cigarettesl'
about year,
"WheIe do you buy them?'
''Down in your shop"
"Hcw otten?'
''Most every week.
in my shop?"
mo-
where do you get the money?'f
Sellin' papers,"
The little boys piping voice was full of
defiance and his Questioner's manner of
cross examination would do credit to good
lawyer.
Other questions ELECTED that he bought
cigarettes Tuesday night at p. M. always
begins to sell papers at p. NJ. and gets
through about D. m.
Brown declared that he was not at his
shop at o'clock Tuesday and could prove
it by witnesses. Besides how could the boy
buy cigarettes then, when he went selling
papers at p. m.
Two witnesses, with unpronounceable
names testified that Brown was at some
Hebrews store Tuesday evening from to
nearly p. m.
Brown declared that he couldn't have
sold cigarettes Saturday at p. m.. as he
doesn't open his shop Saturday till p. m.
it being the Hebrew Sunday.
There was not sufficient co1roboratiye tes
timony to render the little boys statements
sufficient proof and Judge Gould discharged
Brown, although he told him that he had no
doubt that he was guilty; all of which goes
to show how difficult it is to enforce the
law prohibiting the selling of cigarettes to
minors.
The other prisoner was5a short. stout, and
not Unlocking young mulatto woman,
named Katie B. Huter. She plead not gull
ty TO a charge of drunkenness and disturb
ance. officer Sparrow said that he found
her in Stafford's block, late at night and
could not quiet her loud oaths and vulgar
language. She threatened the police with
all sorts of dire vengeance and there was
no other way but to take her to the station
The prisoner rose to speak with perfect
| self-control and flashing eyes. She wanted
| to address the officer. She talked not only
a steady stream but a raging torrent for
| five minutes. She had come from Boston
within week and had taken rooms at
| Saffords block with her family. She accused
| the officer of persecution and brutality, de-
cla1ed she was only drinking cold tea
swore that she was not drunk and had
never been arrested before. She had lived
| here five years ago and defied the court, to
find anything criminal in her record. here
or in Boston from station one to ten. She
wound up with the declaration that she
would have justice done her. if she had to
| take 1t to the higher court.
She was fined So and cost and paid the
| fine.
James R. Hopkins and Andrew r. Brack-
EFT of Freeport appeared in court. The
former brought charge of embezzlement
against the latter and was represented by
W. H. Looney Esq. The amount of embez-
element was $50. The case was continued
| till the 25th, inst.