The Portland daily press., 1901-01-07

uFouHnt uNeI w tue JAZZ hAtok t"tuH ar
rested Friday noon and was about to be
licked into q csll an important converse
ton was held. This Conversation was
bstween the newly-slsoted sheriff and
this prisoner. The sheriff had been In
formed by his deputies that Desmond had
been arrested on the charge Of selling
liquor and decided 10 taxa hand in the
matter.
"what are you down here for. pocket
re1dllngP asked the sheirff.
'Yes sir, replied the prisoner.
III have heard that you say that you
have NOT been sellingf
Eyes. sir.
.'wen, how does It happen that two
men say that they bought liquor OF you
Just before the deputies called aroundS
"Did they say thatf''
sheriff Pearson explained TO the court
that hs had not heard that two men nan
bought liquor OF Desmond. This part Oh
the conversation, the sheriff stated, was
used simrly as an attempt TO catch Des-
mond and see how he would act and
what no would say in answer to such n
leading, but suspicious question,
This questioning on the part OF the
sheriff was simply o rrse.
NV hen naked Desmond this question,
said Sheriff Pearson in his testimony,
shs at once pricked mp his ears and
opened his eyes In great shape. he
sesmed TO be greatly al armed.
MIR. Uonnell.n argued briefly In behalf
of his client and urged that Desmond
be discharged, rs the state had not sus-
tanned Its side of the Casa. Mr.. Comedian
said that In the first place there had been
no evidence presented to show that any
Intoxicating liquors had been sold at the
place. Here was q spectacle OF deputy
sheriff visiting this shop and OF finding
this amount of liquor on the person OF
Daniel J Desmond. There was no evil
dence to show that Desmond was either
servant or master Of the place. Deputy
Plummer has said that Desmond want.
ed to get away, but it has been shown
that Desmond remained about the placs
an hour and a half after the deputies had
gone on the assurance Of O'Hare that he
would show up in court at the right
time. There is no testimony that this
place was n nuisance or that Desmond
had done anything Illegal. Desmond col
drunk Thursday night and bought some
liquor. lie says that he doesn't know
where he got the liquor. Friday morn.
ing he went to O'Hare's place to borrow
money enough to go to Biddeford. o'Hare
wouldn't give him the money, thinking
that Desmond would sp0nd II for more
rum, But O'Hare agreed to buy him
a ticket to Biddeford or to give the
money to Desmond's wife. There lie nc
/ evidence To show chat this place Ia .
nuisance. . Hare comes on the stand and
says that two months ago he sold the
| lease of the place to Bernard j. Daley.
There IL not enough ground for holding
this respondent on probable cause. Dspu'
" Piummer says that the place had al
| Of the ordinary fixtures OF q bar, but ht
also says that places where only sofi
drinks are sold are furnished with the
ordinary fixtures of q bar. No evidences
has been presented to show that this placs
had been selling Intoxicating liquors
There is no proof whatever OF sale Of
intoxicating liquors at this place. 1t II
public place in the sense that q stor'
is public place.
County Attorney Whitehouse then pre-
sented the side OF the state, summing NJ
the case briefly. 1.-THE case OF this re
spondent,n he said, comes under thu
statuts that any person on the premises
of another who violates the lawsregardinl
the sale of Intoxicating liquors, is also
liable This respondent was on thes'
premises ai1ing In the maintenance Of I
nuisance. We So unit onIthe evidence tina
this was place Of resort and that I
was a place where intoxicating liquor
were kept for q Purpose not provided 10
by law. The court must taks cognizanc'
Of the strict enforcement Of the hquol
law by the administration that has ius
come into power and 1t must also tax
coguizance of the many devices ant
schemes manipulated to thwart the OH
GERS In their efforts TO enforce this law
Here is needy young man who ha
been out OF business for four or fiv
months. He was out drunk Thursda,
ulkDb anu curly tho AOAt AuoAhAa6 az
o'cluck was at this shop. The officer
searched him and found on his person
this liquor which we claim had beel
placed In the shop for sale. Finally tax
Ing the testimony of the sheriff OF thi
county, Desmond gave the exclamation
OF q guilty man."
Immediately at the conclusion OF tn
arguments Judge Hill announced tina
he haa found probable cause and woult
order Desmond TO furnish bonds In tn
sum of $500 for appearance at the Ma.
term OF the Superior court. DESMOND
was unable to give the necessary suretie
and was committed to jail TO await thu
action of the grand jury.
AS soon as be had given his testimony
Sheriff Pearson left the court room nn'
went TO his office. On being informe'
that Desmond had lean held, the sheriff
cried out to his deputies In this adjoinini
room, GOOD enough; that's the stun. y
HEAD FIRST.