Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-04-11
Daily nsnnebsc Journal
SIXTEEN MONTHS
Given Fitzgerald, Charged With
Malicious Mischief.
Fitzgerald Pleads Nolo to Two Indict-
ments Returned Against Him.
Principal and Sureties in Mountain
Assault Case Defaulted.

AuSu Me-, April ~
In the kennebec county superior
court, Thursday, Richard Fitzgerald
the arnless yodth of 10, retracted his
former pleas of mot guilty and plead
ed nolo contendere to two indictments
Tor Malicious mischief in breaking
raEes of glass in the furniture store OF
T.. w. Soule and the dry goods store of
Ephraim Dostie on Water street, in
Augusta.
Judge Hall sentenced Fitzgerald to
eight months in the county Jail on
| each Indictment, making 16 months for
! the two cases. The jury, Wednesday,
after u deliberation of hours and
| 40 minutes reported that ii could not
| agree in the case of the smashing OF
the plate glass in the bank Of the Au-
gusta Safe Deposit & Trust Co, in the
Opera house block. Two other cases
against Fitzgerald for offenses of a
slmlla: nature remain on the docket.
County Attorney Leigh announced
thursday evening, that the first GRIM
lnal case for consideration at the
september term of court would be that
of State vs.. Richard Fitzgerald for
| malicious. mischief in breaking the
plate gl48s in the Opera house block
on which case the jury failed agree
County Attorney Leigh stated that the
disagreement of the jury, standing 1C
for conviction and two for acquittal
| in the opinion of those who heard the
trial was q miscarriage of justice.
| James E. Mountain of Providence, H.
l., a travelling salesman, indicted fol-
an assault with Il dangerous weapon
/ hDC nntt haan arrrahnn1n1 ond
principal and sureties have been de-
ffaulted- 1t will be remembered that
Mountain furnished bonds for his ap-
Ipearance at this term for attempting
to shoot Fred A. Wilson in the barber
| shop of Delano & HARDWOOD, Feb. 2S
| Over $4,000 has been received in fines
from violators of the prohibitory law
| The civil docket will be called at the
opening of court, at $50 o'clock, Fri
day morning.
The first case assigned for considera-
ton is numbered 435 and is civil ac-
ton brought by II. +. Corbin e Co.
of Cincinnati, Ohio, distillers, to re-
cover a balance of $500 alleged to be
due the firm by Peter A. Houlehan, or
account of liquors sold him. Arson NJ
Goddard, Esq, of Augusta, is counse
for the plaintiff and Fred Emery
Beane, $50, of HallowelL, for the de-
fence. s.
Counsel Goddard for the plaintiff viii
seek to establish new point by MAX
ing dealers in contraband goods liable
for the payment of debts contracted fcl
liquors. Many dealers, it is said, have
bought liquors from representatives OF
wholesale liquor houses, particularly ir
| Massachusetts, and then, it is alleged
the wholesalers have been unable te
collect.
The attorney for the plaintiff holds
that the purchase of these liquors was
Ian interstate commerce transaction anC
that the State laws donot apply in sucl
Il case. In support of this view he viii
cite the ruling of the courts in criminal
cases where the interstate commerce
act has been involved, in which it is
has been decided that the State laws
do not apply.
The criminal cases on which counse
relies are the well-known Lewiston and
Iowa cases.
The Lewiston case is that of United
States VS.. Intoxicating liquor by libel
in which the Grand Trunk Railway Co
was claimant and appellant The case
involved the seizure of q barrel con-
tanning 80 gallons of ale, marked t.
I"Defunct Moncul,' Lewiston, Me-, r
a car of the corporation while it
a siding on the east side of NJ
at Auburn, Me-. oct. 6, 1898 o,vdo;nha,
cision of the Auburn munici
was in favor of the officer and :;
was sent up to the law court. 10
| h. INC ha a
Associate Justice William Penn White.
house of Augusta, who drew the opin-
ion. held that the goods were in transit
and that the seizure was made before
the delivery of the goods by the con-
signor, hence it was premature and
unauthorized.
The justice said that while intoxi-
eating liquors continue to be recog-
nized by federal authorities as a lega
subject of interstate commerce, that 6
clause of the Revised Statutes of Maine
which declares that mo person shall
knowingly bring into the State any in
toxicating liquors with intent to sci
the same in violation of the law" mus
be held imperative, as repugnant &c
the constitution of the United States
The outcome of this case will be
watched with great interest, as it VII
establish precedent in matters of this
nature.
Allen Dudley of Windsor. will be ar
raigned, Friday morning, for the lar
ceny of a bag of grain valued at s1.50,
from Elijah Holway at Windsor, Sept.
10. Dudley has been serving sem
tence in Bangor Jail and his time ex-
pired, Thursday. Deputy Sheriff Pink
ham of Windsor, returned from Ban
gor on the Yankee. Thursday after
noon, with Dudley in custody.
| The following cases are on the assigned
list for Friday:
No. 442.-C. H. Clay VS.. Mrs. James V.
| Welch and trustee. the Johnson Brothers
Shoe Manufacturing Company. all of Hal
lowell. This is an action to recover a
| balance of So6. 70 for four and one-half
months rent, from March % to August
10. 1891. The ad damnum is placed at
$40. Beane & Beane of Hallowell. for
the plaintiff. and E. NJ. Thompson, Esq.
Of Augusta. for the defendant
No. 4i9.-Emery o. Beane and Fred
: Emery Beane. under the firm name of
Beane & Beanie of Hallowell, VS.. Thad-
deus H. Day, Levi w. Day, Algeon F.
Day and Frank A. Day. all of Halloweil
This is an action to recover $2ll.2O fol
| professional services including interest,"
for FIVE years, the plaintiffs being attor;
neys at law. The ad damnum is placed