Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-09-21
IN COURT,
Cases Against John A.
Foster Placed on File.
Indicted for Stealing From Mo.
tor Boats in River.
6s'ehs|| Search and Seizure Case Nov
Occupying Courts Attention.


The first jury trial at this session Of
me hennthec county Superior court
was begun at $50 o'clock Thursday
| morning. it being the case of State
versus William w. Fowler of Angus
II. an appealed search and seizure pro-
| cess from the decision Of the Augusta
municipal court. Elisha NJ Baker of
Litchticld was the foreman of the jury
| and W. Scott Powers of Pittston. one
of the members of the panel, was chal-
| lenSel by the defence. Melvin Z. Saw
tellc. Esq. al Augusta appeared as
| counsel for the respondent.
The principal witness for the State
| was Charles Il. FOssett. a special po-
| liceman. who testified that he visited
| the Fowler house and saw a number of
| men purchase rum of the respondent
and pay him for the same. on the 1Ith
day of last May. in the evening. the
| witness purchased one half pint OF
| rum of the respondent and paid him So
cents for the liquor.
A half pint bottle Of liquor was pro.
duccd in court and the witness identi-
| fled it rs the goods which he had pur-
| chased of the respondent.
1t was brought out in the evidence
| that City Marshal Donovan Of Augusta
swore out a warrant against Fowler for
| search and seizure and made n return
| thereon, that he personally made the
| search. seized the liquors and ar
| rested the defendant. 1t was brought
| ont in cross examination that the city
| marshal had never been to the Fowler
house and had nothing to do with the
| search and seizure and arrest.
Counsel Sawtclle raised an objection
| on an attempt to prove the search and
| seizure by Special officer Fossott that
| Fcssctt could not legally testify to
| having made such Il search and seizure
| on the ground that such evidence. if
allowed, would contradict instead of
proving the record.
Th, court ruled that the point was
| vel. taken and ordered that a mol pros
be entered in the case.
On recommendation Of County At
| torney Leigh Il mol pros was entered in
| a single sale case against William W.
| Fowler uf Augusta. The allegation in
| the warrant was that the liquor sold
| was whiskcy while the proof was that
| it VAS rum. Melvin r. Sawtclle. Esq,
| Of Augusta appeared as counsel for the
| respondent.
Through his counsel. Percy A. Smith.
Esq. Of Fairfield. William Fpss of Ben
| ton. indicted at this term for assault
and battery on the person of Mary G.
| Eulgcs.; at +, ntnn gu tn" 18th day of
| last September, waived the reading of
| the Indictment, pleaded not guilty and
| gave bail for his appearance from day
to day Fail was fixed in the sum Of
1 500 anJ the s,lrctics were w. Il. Libby
and J. W. Withcc of Prnton.
| County Attorney Leigh states that
all lawyers who have criminal cases
| pcnGinG at this session Of the superior
court must be ready to try them as
thcy are. reached on the assigned GRIM
| inal docket without further notice from
| the county attorney.
| John a. Foster. aged l. years. with
drew his plea of not guilty and plead
ed nolo contendcrc to three indictments
| for the larceny Of wrcnchcs. batteries
| nirpcre. pliers and oil cans from boats
| owned by members of the Augusta
| Yacht CLUB. T.. W. Whitchou*e. Esq.
| Of Augusta "pp"arcd as counsel Tor thc
respondent ana made an earnest plea
for Cl"mcncy.
| Young Foster was given a lecture by
| the court. Judge Hall allowed the in
dictmcnts t" be placed on file with the
| understanding that if Foster was
| caught in any other miSdcmcan0r ne
| would be sent to the state school Tor
| Rows at Cape Elizabeth during his MI
| WORTHY. He gave bail for his appear
ancc al the January term of the SUI
| perior court.
| At the afternoon session of the court
| the case ot State vs.. Bernard H.
| Get, hell of Augusta. an appeai"d
| search and seizure from the decision or
| the Augusta municipal court. was he
| gun before a drawn jury of which Dan
= Weeks of Gardiner was foreman
| Arson NJ WadleiGh Esd. of Augusta
| appcarcd as counsel for the respondent.
The evidence showed that on me
| Goth dav Of last June Deputy Enforce
| luent Commissioners Page. Pare. iil-
| ford and StaCkpnle visited the uruS
| store conducted Ivy tho respondent ana
| in hides found - quarts Of WhlsheE'
n half pint of WhiSkey. ana Il quart
hottie partially filled with the same
kind of liquor. The deputies also
| seized Il number OF empty bottles. TWO
bags of cork shoppers. graduates
| tunnels measures and whiSkey glasses.
| Counsel for the defence contended
| that the liquors were not lntendci 10:
| Illegal sale but wcr. to be used IN the
| compounding Of prescriptions ana th'-t
| under the Maine statutes. druggist
| las the authority t. keep Il rcasohapie
! amount Of liquor oil hand
Part of The evidence in behalf OF the
| defence had been adduccd when court
adjourned Thursday evening uh'li ''''
| D ciCck Friday morning.
The Getchell case will be followed
| by that Of state vs.. Deheritt oaN tenn