Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1903-10-09

AN ACQUITTAL FOR FROST
JURY FINDS HIM INNOCENT OF
SELLING TO MINORS.
Case First Heard Saturday Nigh: Be.
fore a Jury Whieh Disasrees-See.
ord jury Promptly Renders Yer
diet Of Not Guilty.

| cteS o. NoS SsttSt.
/ According 10 the provisions Of the
new license Law which require. the
states attorney TO proceed against all
persons connected with any establish
ment whose license has been revoked
summons 10 appear forthwith" were
served upon thirteen persons Saturday
afternoon They were e. G. Frost
| O. H. Ellie and W. C. Sharner OF the
Valley BoTtling company Fred Hous-
ton James Austin and Harry Flood
Of the R-attlehoro house, T. Frank
Turner. Dan Donaghue and Charles
Endlich Of the American house l. J.
Strong and Henry Stockrell Of the
Melrose hotel. and Harry Gould and
Clinton Pratt who talsified regarding
their age in order 10 procure liquor.
The last named two were arraigned
before Justice William s Newton
about o'clock Saturday afternoon and
both pleaded guilty TO the charges
They were fined SO and costs each
E G. Frost was then brought before
the Justice on the charge Of selling
iiouor 10 one Guy Jones. a minor He
pleaded not guilty and called for jury
trial The remainder Of the after
noon and a greater part of the evening
was spent in getting together suita-
bic jury and il was not until after ?
o'clock that everything was ready to
begin. The jury was composed Of NJ.
J. Moran. George 5. Foster, A W Roel
Jerome Knight II. W Sargent and F.
A. Bagg Among those rejected dur
ing the rawing were Charles Er6lich.
Sr. Freeman Scott and several others
H. r Lawrence and T. ]. Fenton were
also drawn but could not be found
The first witness was Guy Jones,
who had keen persuaded with diff
Guilty 10 return from New Hampshire
whittier he had fed early in the after
noon as soon as ne got wind Of the
proceedings He testified that some
time in June he bought a pint Of wine
Of Mr.. Frost ard that the latter had
asked him no questions regarding his
age Mr.. Frost was next called and
he stated that while he sold the liquor
he had asked Jones regarding his age
and had been given the reply that he
was 81. ". G. Sharner and O. II. FL
lis both of whom Were present when
the incident occurred corrobo-ated Mr..
Frost's testimony.
In his plea for the state Mr.. Schwenk
argued that ii made no difference
or not Jones had falsified re-
garding his age the liquor had been
sold TO a minor. and according TO the
law the ucensee was liable He said
it was probable that Mr.. Frost asked
the question more as Joke than any
thing else having no idea that the boy
was really Of age. R c. Bacon and
W
gave supreme court decisions in q
number Of states where the law is the
same as that in Vermont the court in
all cases holding that II the seller uses
due care 10 ascertain a minors age he
is not liable If the latter is found 10
have been fslsifying. Mr.. Bacon and /
Mr.. Gibson both argued that as in any
other crime. intent must be shown in I
order 10 convict The case went 10 4
the jury az II: 35 and after SIS minutes /
Of deliberation the foreman reported I
that no agreement could be reached. /
The case was taken up again Mon |
Jay afternoon in the county clerks 4
1ffce before Justice John Merritield 4
with the following Jury: G. z Gilman. \
= w PuSer, J. E Gleason A. L
Smith Leslie Smith and A W. Rock
we'll. The arguments and evidence (
we're similar to those produced Satur-
lay evening but the jury after 10 min
ties deliberation. brought in verdict
Il not guilty. The crowd present ex-
1ressed its approval with beanling
aces although no demonstration was
made. The next case, that against
r. F. Turner was continued until to-
lay.