Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-09-06
ADJUDGED NOT GUILTY.
First Stursis Case To Be Tried in Ken
nebec County Goes To Defendant.

The first search and seizure case to
be prosecuted by the deputies of the
enforcement commission, was held in
the Gardiner municipal court before
Judge Larrabee, Tuesday morning, and
contrary to the expectations of the
deputies. the defendant was adjudged
not guilty, and released. Charles H.
Douglass, proprietor of the Douglass
house, Water street, was arraigned
charged with keeping for illegal sale,
certain liquors which were seized in
the defendants place of business. last
Saturday evening. by Deputies George
F. Aver and w. r. Clifford. Hon. c.
a. knight appeared for the State. and
the defence was conducted by Will C.
Atkins. Esq.
The witnesses produced by the State
We're the two deputies. Messrs. Aver
and Clifford, and the defence had Dion
Russell. Arthur Stilphen and Mr.. Doug
lass. The defence was certainly a
novel one. and it brought into promi-
hence Dion Russell, who described HIM
self as police officer of Sanford, Me.
The prosecution showed that the depu-
ties entered a back room, in the Doug
lass hotel, on Saturday evening last,
at about o'clock. This room is call
ed the bar-room, and the deputies teS-
titled that they found four men in the
room, three supposed to be patrons of
| the house, and David Christopher, a
clerk in the employ Of the hotel. Ac-
cording to the testimony, the deputies
walked around the bar and as they did
Christopher attempted to dispose of a
o-to h. rr-ni Ia
deputies seized a large pitcher contain
| ing adulterated whiskey. bottle con-
tanning the same, three bottles of 'Uno''
beer and a quantity of tumblers, and
drinking glasses. There seemed to be
some doubt as to the character Of the
alleged whiskey and Judge Larrabee
sent into the city liquor agency and
borrowed some Whiskey and made COM
parsons between it and the seized
stuff.
! The testimony of the defence brought
out the following story; Policeman
Russell of Sanford, was a guest
of the hotel on the night in ques-
ton. TIE testified that in his room
he had a quart bottle of whiskey
In attempting to extract the cork from
the bottle. the bottle slipped and its
neck broke off, on the end of an iron
bed. Policeman Russell rescued most
of the contents of the bottle and turn
ed it into Il pitcher, which had pre-
viously contained ice water. This
pitcher, with it's contents, he carried
down stairs into the bar room and ask
ed the clerk to decant the liquor into
two pint bottles. The defence showed
that while engaged in this act, the
deputies descended upon the place and
confiscated the stuff. The deputies ar
rested Christopher, but while taking
their spoils and the prisoner to the
police station, Christopher escaped
but in just what manner was not ex-
planned at the trial, yesterday. In sup
port of Policeman BusselTs story, Ar
thur Stilplen, employed as driver by
the American Express Co, corrOborated
several details as given above. Mr.
Douglass told the same story. Judge
Larrabee adjudged the defendent not
guilty. as the State had failed to prove
that the liquor was kept with intent 70
sell, or that it was Mr.. Douglass, prop
erty.