Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-09-06
THE CLUB IDEA.
DECISION IN ELLSWORTH MUNRO.
IPAL COURT AGAINST 1T.
JoHN C. HERLTHY, ''JANTToR' OF WEST
END CLUB AT BAR HARBoR,
FOUND GUILTY.

by the strict enforcement OF the prohibit
ton law in Hancock county, received a
set back in the Ellsworth municipal court
last Thursday, when Judge Peters found
John c. Herlihy, "janitor" of the West
End club of Bar Harbor, guilty on search
and seizure warrant, and imposed fine of
500 and sentence OF sixty days in Jail.
The ''elub idea" became popular in Bar
Harbor very soon after Sheriff Mayo as
sumed his office. Before Sheriff Mayo's
reign was a month old, there was talk of
club, and as the warm days of sum
mer approached and the stringency in the
liquor supply became more apparent, the
talk crystsllized into the West End club.
THE CLUB SCHEME.
The club was incorporated under the
state law, directors and officers were
elected and shares of stock at IS each,
which included membership fees for one
year, were issued. The building formerly
occupied by John C. Herlihy when liquor
enforcement was less severe, was secured
for a club-room, and Mr.. Herlihy, after
considerable persuasion, according to
testimony, became ianitor, receiving for
his services free rental of the pool room
adjoining the club-room.
The bar, which curiously enough hap
pened to be in the room the club occupied,
was taken out, and in its place were in
stalled seventy-iive commodious lockers
and three tables. The club was ready for
business.
A man desiring to be admitted to MEM
bership, spoke to Mr.. Herlihy, who said
be would present his name to the direc-
tors, and II he was accepted, he, the
would-he member, was SO advised in a few
days. He was given a key to the club
room, and a key to locker.
The next important step was to get
something in his locker. Here Mr.. Her
lihy, the ''janitor', kindly came to his as
sistanee, and acted as his agent in secur-
ing liquors from Boston, the member Civ
ing Mr. Herlihy the wholesale price for
the liquor, plus freight or express charges,
when the order was given
The liquor came addressed to the West
End club, and when few days later the
member opened his locker, he found
there the necessary equipment to drink to
the health of the Sturgis commission.
What beer and liquor the lockers would
not hold, were kept in a storehouse.
COLD BOTTLE.
of course it was impossible to keep ice
in the lockers, so an ingenious plan was
hit upon to provide for cold bottle when
wanted. From the surplus stock the
members contributed a certain number of
bottles of beer to the general ice-chest.
When member wanted cold bottle, he
took one from the ice-chest, replacing it
with bottle from his locker.
SHERIFF MAYO CALLS.
This was the modus operandi at the
West End club of Bar Harbor, according
to members on the witness stand, and
joy reigned until Sheriff Mayo paid
his respects to the club. After a pre-
liminary visit on August %, when the
sheriff tried unsuccessfully to get a
list of the sixty odd members OF the
club, Sheriff Mayo and Deputies Shea
and Higgins, of Bar Harbor, paid bust
ness visit to the club on Thursday, Aug
"A, armed with a search and seizure war
rant. The storehouse, ice-chest and sixty
two lockers yielded up 1,o22 bottles,
mostly OF beer and ale. All was confis-
Gated. The thirteen lockers unopened
were said to belong to members, and the
ianitor had no duplicate key.
THE TRIAL.
Mr.. Herlihy, as the man in charge, was
m apy,aar in co1,rt last ThnFs-
day. He came, accompanied by dozen or
more club members. County Attorney
Wood appeared for the prosecution, and
E. S. Clark for the respondent.
The witnesses for the prosecution were
Sheriff Mayo and Deputies Shea and Hig-
gins, who testified to what they saw dur
ing their visits to the club, and to the
search and seizure, and a clerk from the
office of the Eastern Steamship Co., who
testified from bills of iading and receipts
to the amounts of liquors delivered to the
club, which averaged for the months of
July and August more than ten dozen bot
ties of beer a day from this one line.
The prosecution did not attempt to show
direct sale by the glass to members or
visitors to the club. Evidence was pro-
duced to the effect that Herlihy, in speak
ing of the clubs charter, referred to il as
his charter, and that it cost him slOO.
Members of the club testified as to its
organization as above described, that the
liquor seized was owned by individual
members, that no liquor was ever sold in
the club, that the club paid for the char
ter, etc.
Attorney Clark in arguing the case,
painted an eloquent word picture OF the
club, .'organized not to evsde the law, but
to uphold the law"
THE VERDICT.
Judge Peters, in rendering his decision,
said that in his Judgment, formed largely
from the testimony of respondents wit