Waterbury evening Democrat., 1906-08-20
CIVIL CLUB GOES FREE
Judge Burpee Said He Would GlVe 1hen the Benefit of.the Doubt

Judge Burpee decided the two cases against Thomas Coyle. presi- dent of the Civil club on Bishop street in the city court to-day. He, said the evidence shows that Mr' Coyle was president only of the club and as such was charged. That he was dispenser of drink only when-s ever he happened to be present. There is no doubt, said the court. that three or sixty men can buy a keg of beer and consume 1t whenever they please and that others can con- tribute toward the purchase price. The trouble in such cases Is to prove the good faith of those interested, to show that they were bona fide club and not Subterfuge to evade the law and sell drink without . license to do so.
 In this case the records show in- completeness. They are not any ways near the standard of fully organized club. There is nothing to show that a receipt for an application was given, nothing to show what ac- tion the officers took as an applica- tiOn. It was contended by the de- fense that there is an excuse for this absence of records of the club be- cause it was only recently organized and It's organization not completed. There Is no doubt that the club was sailing very close to the wind, very near to the line that one step would take 1t over and outside the law. Were it not for the good character of the men who compose the club it would look to be farce. There was sufficient doubt in the courts mind that this was an organization not composed of men of good character and that 1t was not their intention to eyade the law. The few records that they have produced and their l own individual standing go far to show that they thought they had complied with all that was required of them by the law. If 1t were the club that was charged with violating the law each and every one of it's members might be liable. Nor is 1t the part of the court to inflict all the opprobrium on one man. It Is not fair to make him the scapegoat | for all.
 After considerable deliberation of this case" said Judge Burpee 'I have come to the conclusion that MT Coyle is entitled to the benefit of the doubt and he is discharged. must say, however. that this decision is no pre- | cedent for other club cases that may be brought here. Each case has it's own merits and on them only each case shall be decided"
 In the case of Charles Messer further evidence was given support ing MT Messer's alibi, to the effect that he was stalled on the Seymour road July 1. 8 and 15 with his auto- mobile when State Policeman Down. ing and,Jackson testified he had serv- ed them with drinks in the Acme club. His witnesses were Arthur H. Husky, 46 Beacon street, George T. Hill of Union City and Attorney c. w. Bauby. They testified that they were with Mir Messer in his jaunt to New Haven. MT Bauby was not cer- tain about the dates, however. A | fine of $50 and costs was imposed in each of the two cases. An appeal was | taken.
 Onesime Pronovost was charged with selling at Lakewood on Sunday afternoon, August 12. This was se- quel to the case against Gedeon Be- | liveau, a saloon keeper at 21 Grand street. The other day the state police | were reasonably certain Beliveau was the man from whom they bought | three tickets to be exchanged for beer at Lakewood. There is as much | difference in the appearance of the two men as there is between the sun and the moon. Beliveau Is a short man. inclined to be stout. while Pro- novost is six footer and Is verita- ble mountain of adipose tissue. Fur thermore. .Beliveau speaks English | perfectly while Pronovost would not attempt defense in that language, his knowledge of 1t was so poor. He could speak word or two, but not enough with which to parry the ques- | tions of lawyer. The only resem- blance between the two men was the color of their hair, which was black. As Pronovost was arrested only this morning and unable to give bail he was locked up and his case was con- tinued to tomorrow morning.
 Settlement was effected in the fol- lowing cases: John Shannahan. Rail- road Hill street, two cases, $50; Thomas F. Casey, Baldwin street, one case, S75. There seems to be a mix up in the two cases against Cornelius Mulville and Zophar Pearsall. The same case is charged against each as 1t seems there !s some doubt about the ownership of the Lakewood club. This and a few other cases. the last that are to be heard. were put over | to tomorrow.