Waterbury evening Democrat., 1903-12-30
Judge Burpee Thought the Ac-
 eused Was Guilty.
FINE OF $50 WAS IMPOSED
The Judge Placed Great Faith il Testimony Of Six-Year-old Boy
 Bottle That Caused All the

Testimony Of a Six Year-old Boy
 Bottle That Caused All the
 Trouble Exhibited in Court.
 The case against Frank E. McLin-
 den for selling liquor to a minor on october 16. was noIled in the city
 court to-day before Judge Burpee, and
 case against his brother, Hugh D. was preferred instead, it having been found since the matter was first call- ed in court a week ago that the lf- cense for the drug store conducted by
 them at S14 North Main street was in Hugh's name. The complainant, John Kennedy, fireman at the Burton street engine house took the stand the
 moment the case was called.
 He said that on the morning of Oc- tober 16, he with other men of Captain Lynch's company were out
 exercising the horses on North Main
 street and was passing McLinden's
 drug store when he saw his son, Ray
 mond, aged 6 years issue from the
 store with package. Kennedy hop
 ped off thes wagon and took the pack
 age from the boy, asked him where he
 got it and he said Hugh McLinden
 gave it to him. Kennedy went home
 and marked dn the paper wrapper of
 the parcel the day and date of the oc-
 currence. The package was quart
 bottle of whiskey.
 Some days later Kennedy warned Hugh McLinden not to sell any more whfskey to his son or family. He also spoke to him about bill of S17 for whiskey which Mrs Kennedy had contracted and McLinden replied that he had a good customer i'm her and did not want to tell anybody about it because she used to pay her bills and accused asked witness what he would do and reverse their positions Ken nedy asked him if he remembered sell ing a bottle of whiskey to Raymond on October 16, and accused said he did and that 1t was the last purchase she
 had made. The bottle of liquor, wrap
 ped up as the boy was said to have got 1t from accused, except that the paper wrapping was torn a little was here shown by witness. This was done by Kennedy to make sure of his ground.
 Kennedy, resuming, said he showed the package to Fireman Joseph Bag ley who stood with him on the rear of the wagon
 Under cross-examination. Attorney
 Cassidy, who conducted the defense, tried to show that Kennedy came to l Waterbury under a cloud. Kennedy l testified he was born in Thompson
 ville and when about 20 years of age went to Lowell, Mass, and from there to Waterbury. He came here. he said,
 because he had read Waterbury was a growing, progressive city, and Mir Cassidy tried to show Kennedy had trouble with his employers in Lowell, but Kennedy denied ever having trou- ble with any of his employers since he l first went to work. His only reason l In coming to Waterbury was. to i'm prove his condition.
 Kennedy says he has worked in all of the engine houses except the Brook 1 Iyn one. On seeing his boy leave the drug store he asked permission to 1 leave the wagon and it was granted. ! His reason for marking the day and date October 16 on the package was l that he wanted to enter a complaint and his reason for not entering it be- fore was lack of time No bill for whiskey was ever presented to him by l the McLindens but they did try to col l 1ect bill from him. He denied say l ing to Fireman Frank Hollywood that ! he would get even with the AcLin- dens for trying to collect a bill from him and he denied that that was his reason for entering this complaint Before ha made the complaint he spoke to Attorney Phelan about the bill and admitted that his reason for 1 not entering the complaint earlier was l because he wished to wait until after l the board of safety had disposed of Hugh McLinden's complaint.
 A year ago Kennedy said whiskey was sold by the accused to Mrs Ken nedy at the rate of five or six quarts l a day, unknown to him.
 l Joseph Bagley, above referred to, l then took the stand. He was not a 1 willing witness. He said he saw Ken nedy take the package from the boy. He thought it was wrapped in light yellow paper and did not think the package in evidence was the one he saw Kennedy take from his boy. Some time later Kennedy asked him 1 if he remembered seeing him take
 bottle from his boy and he replied that he did, though now he would say that IL ullSuL udVC DCCn d IOdA VI III eau A0A all he knew about it. The boy had
 several packages at the time. When
 Kennedy asked him if he had seen
 him take the package from his boy, he also told him the case was in the
 hands of the prosecuting agent.
 Raymond, Kennedy's son, was then put on the stand, and, 1t having been shown that he was aware of the con- sequences of telling a falsehood, he
 was sworn and corroborated his fath- CTS story about the package.
 Then began the defense with Hugh 1 McLinden on the stand. He charac- terized the complaint as falsehood and said that he never sold whiskey to
 Raymond or any member of the fam fly in six months. He never sold to
 minor because itlwas rule he made when he started in business and it was a rule wherever he worked. The paper he uses for wrapping is white