Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-04-05
PERJURY SOMEWHERE.
Contradictory Stories Told in a
Disclosure Case in City Court.
Cited to Show Cause Why He Should
Not be Adjudged in Contempt
of Court

Oh COuTUs
The trial of two intoXication cases in
city Court before Judge T.. W. I. iIaw-
kins Thursday and the disclosures made
by the respondents developed hearing
of the old-fashioned kind, common before
the pail of injunctions cast its shadow
over so largo "A number of the local thirst
parlors and led them to transact business
on the quiet, II at all. The two cases for
ntoxication were against Eugene Hickey
and Edward liindcs They disclosed on
~ T.. Lcmerise & Co.'S drug store at the
corner of Main street and Winooski ave-
nue., for whom j.. M. Temple appeared as
sponsor
While in the court room Thursday
morning at this hearing Temple was serv-
ed by Sheriff Reeves with a citation to
appear before Chancellor Taft on Monday
TO show cause why he should not he ad-
judged in contempt Of court This new
step in the enforcement of the prohibitory
law has. so far as known, never been at
tempted before and its development Will
he watched with interest. The proceed
ings are conducted by States Attorney
X. e. Brown. The store in the Hayward
block occupied by a. L. Lcmerse * Co.,
was at the time general injunction pro-
ccodings were issued against all druggists
IL
Collins Bros. At that time the temporary
injunction was issued against them, pend
ing Il permanent injunction. They turned
the store over to the present occupants
some months ago.
The section under which the proceed
ings are brought is section 2, No. 80 of the
acts of 1898. 1t is as follows:
The owner of, and all persons interest
ed in the building or premises In which
such common nuisance has been kept or
maintained as well as the keeper thereof,
may be made parties to tine proceeding
under sections 1922 to 4529 inclusive of the
Vermont statutes, and if It is finally adj
judged that such common nuisance has
been kept and maintained or suffered to
be maintained the defendants, their SER
wants, agents, leSSeeS, tenants and as
signs shall be perpetually enjoined from
Keeping and maintaining such common
nuisance or suffering it to be maintained
IN such building or premises or in any
part thereof
In the language of the statute in case
of the violation of an injunction granted
in such action, the court of chancery, or
in vacation, a chancellor shall have power
TO try and summarily punish the perscr
or persons guilty thereof, as required.
The punishment for the violation of ar
injunction is as for contempt, by fine
of not more than $1,000 and not less thar
500 or by Imprisonment for not more thar
six months or by both such fine and inn
prisonment. in the discretion of the chan.
cellor.
The hearing in the case of Eugene
Hickey and Edward lIindes was com
menced during the forenoon. The disclos
IRE case was not completed Thursday
being continued until Friday in order thai
an additional witness might be secured
Hickey and Hindes were arrested by
Sheriff Reeves and his son late Wednesdl J
evening. The boys were in the alley be
hind the Lemerise drug store on Wnousk
avenue and were drinking from a bOltl,
and having some trouble. Thursday the,
entered plea of guilty and were fined $
and costs of $3.50 each When asked /,
disclose Hindes swore than he went L
the store OF A +. Lemerise & Co.. abou
$3.50 Wednesday evening carrying will
him half pint bottle. He went up to tn,
opening between the counters and hand
ed the bottle to MIR. Temple.
"Whiskey?" said Temple
"Certanly." said Iiindes.
The bottle was filled by Temple anC
Hindes went out and, with the assistanc,
of Hickey, drank the half pint. Later h
returned and had the bottle filled by Tenn
pie second time and they were drinkin.
from it when arrested. Hickey corrobora
ted his companions story in so far a
what occurred during the time they wer
together saying that he waited whi
Hlndes went into the drug store.
To this story Mr. Temple excepted an,
said upon the stand that Hindes, whom
he had never known before, came to tn
store Wednesday night and asked 70
whiskey. which he was refused. He thei
went away Some time after a sccoI,
young man came in on the same erran,
and he also was refused.
sherman FELTON,, a former resident O
Enosburgh and now employed at the WI
Etttl il. l.
called in Temples behalf by Attorney V
A. Billiard. He testified that with anoth
er gentleman he was in the Lemerse stor
Wednesday night and saw a young man
whom he identified as Hindes. come int
the store after some whiskey which IN
witness heard Mr. Temple refuse him
second young man was also refused
Somebody committed perjury
The hearing in the case of the State VS.
r.. Nj. Temple for selling Intoxicating Ii
quor was completed Friday afternoon
in city court. No additional evidence wa
introduced and after IA statement by At
torney v A. Bu.lard the case went to tn
court. Judge Hawkins announced that H.
was satisfied that the respondent wa
guilty of selling the liquor and sentenced
him to pay fine of 500 with the usua
costs. An appeal was taken and bail il
the amount of $3.50 was furnished
OFFICERS OF BURLINGTON LODGE
The annual meeting Of Burlington Lodg
No 100, F. and A NJ. was held Tuesda,
. night at the Masonic Temple with IA larg
attendance. Officers for the ensuing yea
were elected as follows:-
w. Nj. =. Robinson.
s. We. c. Evans.
j. Wv. r. Morris
Treasurer-R. q. Stone,
Secretary-L J. Paige.
S. DIV. f.. Willard,
j. DIV. H. Davis
Chaplain--J. A. Corbin
Marshal-W. l., Greenleaf
s. S.-J. H. Mitchell.
j. Sc. t. Parker.
Tyler-George II. Whitman