Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1898-12-22
TOUCHED FOR $3.50.
OF FINES AND COSTS
AGAINST E. F. FOWLER.
Tho Bother Settles For n Seizure of Lager
Beer, Forty-Three First Offences and
For Having on Hand With Ia
tent to Sell.

The cases of the State versus f. +. Fow-
Ter for dealing in intoxicating liquor,
which have been postponed for some time
on account of the respondents Illness with
gastrits, were heard in City Court yester-
day morning. MIR. Fowler was unable 10
be present but was represented 10y his at
torney, j. T.. Cushman. Grand Juror Fer
ruson prosecuted. The court room was
filled with spectators and Witnessed.
Among others present were Rev. Edward
Halves. Rev. c. l.. Hall and Rev. w. ).
Roberts of this city and Rev. T. d. Bacon
of Essex junction.
The hearing was opened by tho calling
to the stand of Sheriff Reeves, who
searched a shed adjoining the place of e.
+. Fowler on November % He testified
TO the finding of four barrels of beer and
two cases and to the fact that he know
Fowler to be bother of so-called SOFT
drinks.
This evidence was applied upon the selz-
ure case and Judge Russell ordered the
llqdor coniiscated. f. +. Fowler was I'D
judged the owner of the liquor. The costs
of seizure were taxed at sli.s1.
The cases alleging the unlawful sale of
liquors were then called up and Attorney
Cushman, appearing for Mr.. Fowler. en-
tered plea of nolle contendre in Il cases
In which first offences were charged upon
the first specification; two in the second
specification: and in one case of keeping
on hand with intent to sell.
Grand Juror Ferguson stated that In
view of the States witnesses and their
hostility toward giving testimony he had
decided to accept the plea in the stated
number of offences.
Attorney Cushman addressed the court.
stating that If the respondent was guilty
it was of a technical violation of the law
in a large portion of the cases. The beer
used in manufacturing by brewers or bot
tiers, he said. was sent to the city in car
load lots billed TO T.. +. Fowler. The diff
ferent dealers then went TO the car and
took each his share as ordered and in pay
ment sent their checks to Mr.. Fowler. who
forwarded them to the wholesaler. The
contracts We're all made outside the State.
The beer was used in the manufacture of
IA drink which is Notwithstanding. There
| is no evidence that Fowler ever dealt in
anything but this product. Mr.. Cushman
closed by asking the leniency of the court
and stating that his client had authorized
him to say that he would not violate the
provisions of the law at any future time.
judge Russell disposed of the cases by the
assessment of fine and costs as follows:
To cost of one seizure ............,...SljS 81
To IL first offences of selling. 300 o.
TO cost i'll same Observation-Disclosures. 10 II
To two first offences observation-disclosures. 900
10 cost III same Observation-Disclosures. 13.S5
To having on hand with intent to sell N q,
To cost of same Observation-Disclosures, 10 *
Total....,.. ......... .................N 3o. IS
The check of T.. f.. Fowler for the
amount was drawn during the next half
hour and payment made.
1t Is claimed by attorneys that the
amount OF the fines in this case exceeds
any previously assessed at any one time.
The specifications in the case OF selling
alleged that the respondent did sell. fur
nish and give away liquor as follows:
To II. c. Gleason each and every day
during the months of June. July. August.
september, October. November and De-
cember of 1896 and in January. February,
March and April to the 10th day thereof,
| 1897; in all 1913 offences.
To II. c. Gleason and George V. Towne
each and every day during April, after
the 18th, May, June. July, August. Sept
cmber, October. November and December,
1897 and January. February March April,
| May, June, July. August and September
| TO the Cd thereof in 1895: in all 5I3 times.
| To l.. Mazzoni on the It'll day OF Sept
| ember. 1898 and at various times during
| the months OF November and December.
| To Mrs. NJ. Murphy every day except
| Sunday from July to the 7th of December:
| in all l25 offences
To G. NJ. Delaney and John F.. Cook
each and every day from July to Novem-
Der, 1898, in all 100 times.
The seizure at the building next TO the
old brewery on Champlain street was
heard the liquor adjudged forfeited and
| Robert Polworth ordered to pay the cos Is
of seizure, amounting to sllS. For keep
| ing on hand a fine OF $40 with costs of
| $500 was imposed.