Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-10
SMITH GUILTY.
Continued from Page Ten.)

of Frank Cardinal of Augusta. indicted
as common seller and for maintaining
a nuisance. He was tried in the munich
pal court on charge of search and seiz-
ure and was found guilty. He is at pres
ent serving his sentence on that charge
and was brought from the Jail to answer
TO the other two He was tried on the
nuisance Indictment alone.
| County Attorney Beane in & very brief
opening of the case stated that he would
put on the three officers who raided the
lplace veteran who had bought cider at
the Cardinal home and another soldier
Iwho had bought whiskey there. He then
called James N. Bisson, Henry Q. Par
menter. Dennis Donovan, Frederick Flick
EFT ard John Kelley, Bison taking the
stand.
Mr. Bcsson testified that he was janitor
at the City building and a police officer,
| that he knew Cardinal who lives on the
Spring road near the Snow Plcw. and
that the officers visited that place March
%. He testified that to the best of his
recollection, they found seven full pnts
| of whisley, one pint bottle of whiskey
| partly full and pint of rum. When
thcy got there. he said, Cardinal was ar
Marshall Smiths house and he, with Par
mentcr. went after him. Cardinal came
back to his own home very willingly,
opened the door and let them in.
| Franv L. Dutton, attorney for the de-
fence, in conducting the cross-eXamina-
/ ton questioned the witness very close
| ly as to whether the officers Were in uni
form and as to whether they should Car
dinal the warrant or told him what they
wanted of him. He replied that the Off
GERS were in uniform but wore their over
coats. that he did not have the warrant
but thought that Mr.. Donovan showed it
| to the respondent. He didn't tell him
what was wanted, but avoided answering
the questions. No women were seen about
the place.
Henry o. Farmenter, deputy marshal.
was the rext witness He stated that he
went with the officers, that he thought
that eight full pirts OF whiskey. one pint
of rum and pint bottle partly full of
wniskey were found. He saw a barrel
of empty bottles in the shed, would say
| that there was about barrel full. 200
or 800. In answer to questions put by the
county attorney he stated that the Car
dinal house is about two E.inutes' walk
from the "Snow Plow" He said that
1
and that just as Cardinal was unlocking
THE door he told the officers that he had
some liquor there. They found the Ii
| quor Immediately. He had never been
there before CT since.
| Deputy Sheriff Dennis Donovan was the
next witness. He said that the warrant
was issued by Judge Andrews, that they
| searched several places at Togus that
1 M nf iof
ceived he sent back into the city for the
warrant against Cardinal. Cardinal was
in the city and came out on the o'clock
car and stopped at Smiths place for sup
per He was sent for. for it was not con-
| Sidered hardly fair to break down his
door. The bottles of liquor We're found
on the door near the cupboard. some with
the wrappers still on. some without Car
dinaI said that the bottles in the shed
were left by the people who formerly
occupied the house and used to sell rum.
He showed them three hides. said to have
| been in use when the enforcement depu-
ties were operating in the district.
On cross-examination it developed that
Cardinal was found guilty On the search
and seizure in the lower court on a state
ment of the case made by the officers
lno witnesses.
| Frederick Pickett, who occupies the
other half of the same house occupied by
Cardinal. said that he had known Car
ldinal since last August or September.
"Havc you been in the house since Jan.
II" asked the county attorney.
A-"No, SIR
Q-"Haven't you been in there and
bought cider
Mr. Dutton-"I object; one answer is
Sufficient"
Mr.. Beane-"Well, let me ask him this
one more: Didn't you tell me out there
IN my room that you had been into Car
Idinal's place and purchased cider?'
| A-"No, SIR
Mr.. Beane-"That is ali. SIR
Mr.. Button then took the witness in
hand and rctraced the same ground. the
witness stating further. however, that he
had never been into the Cardinal part of
the house except once. and that was
when he had some trouble with him.
The next witness proved to be another
lsurprise. He was a battle-scarred veter-
an OF 80 years. bent with age, but bright
land thoroughly alive to the occasion. He
has been at the National Home for about
is years.
In response TO questions he said that he
knew Cardinal, that he had been a car
Ipenter about the House and at Togus for
some time. He remembered very dis
Itinc,ly that the last time he went to Car
dinal's place was at abou. O'Clock on
, the afternoon of March 80. Two or three
, soldiers were there. He called fer a
, drink and got it. He told Cardinal that
he had come to pay 10 cents that he owed
, for liquor and rendered 81 bill in pay
ment. He received % cents back in
change. He spent this for liquor. too.
5 Kelley said that he stayed there about
| an hour and half and then Cardinal
/ told them to get out that he wanted to