The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-04-12
FOR STEALING BOTTLES,
An Important. Ruling Made by Judge
Robinson.

Saturday night the police arrested sew
en- boys named Michael Foley, Charles
Smith. VIM. f. Lee, Joseph Smith,
Michael Joyce, Edward Joyce and Joseph
Conley on the charge of stealing 300 bot
ties from Jacob Brantz, proprietor of
pawn shop on Fore street. The boys wore
yesterday morning brought before the
municipal court.
Brantz testified in substance that his
bottles had been taken from stable that
had been broken into. He was unable
to identity any of the prisoners as the
boys implicated in the burglary
Moses Brown identified Mark Foley and
Michael Joyce as being seen with some
boys who had in their possession empty
bags in which the bottles were supposed
to have been carried, and having seen
the boys in the vicinity of the stable
where the owner. Brantz kept them. He
saw them in that vicinity the forenoon
that the. bottles were sold.
Inspector Pickett testified that he went
into the cell room where the boys were
confined after arrest; that they were in
three separate cells side by side; that he
asked Edwin Joyce and Joseph Smith
what they were there for and they re-
piled, ''for stealing bottles, y and that
they confessed to him that they broke in
to the stable.
Counsel for the prisoners here objected
to the admission of this testimony, hasing
his objection on two grounds: first. that
the boys were interrogated when under
surroundings that amounted practically to
such duress as prevented their statements
from being voluntary; secondly, that the
statements were not shown to have been
heard or understood by the other boys in
the other cells. In support of the first
objection counsel cited the decision in
the celebrated Bran case. Without rul-
ing the court deferred consideration of
the collnsel's objection until the entire
case was in.
Mark Foley, very small boy. one of
the defendants, took the stand, the as
sistant county attorney having mol
pressed the case as relating to him.
Foley's testimony was that he saw the
boys ON their third trip to the stable,
that he saw Edwin. joyce taking bottles
from the barrels, Joseph Smith putting
them in bags and Smith and Conley
carrying them from the stable to neigh
boring place of concealment, and that
Charles Smith and Michael Joyce swere
on watch outside of the stable.
Mel Vanhorn testified that he identified
all of the defendants except Leo and
Foley as boys that came to his place of
business Saturday forenoon, the first time
with so and the second time with 80
bottles; that Joseph Smith and Edwin
Joyce seemed to be the leaders and re-
ceived The pay from him for the bottles.
His Identification was positive.
The case was argued by Assistant
County Attorney Allan for the govern
ment and by Mr.. John f. A. Merrill for
the defense The court found all the
boys guilty except Lee and continued the
case for sentence to Wednesday morning
that the records of the boys might be
looked into.
In making his decision the court stated
that he regarded the confession of the
boys as voluntary, but only admissible
against the two boys making it. the 9TH
ers not having been shown to have heard
what was said.