Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-09-21

Kennebec County Superior Court, Fiji
day morning, was that of state versus
John Hersom Of Augusta, an appealed
search and seizure from the decision
of the Augusta municipal court. JOS
eph Williamson, ESQ. appeared as
counsel for he respondent
The case was heard before the sec
ond Jury Of which Joshua StoVer Of
Monmouth is foreman.
Five witnesses We're sworn in be-
half of the State and Elbrldge =
Lchr was called to the stand as the
first witness He testified that he lived
near the respondent on Lower State
street in Augusta He saw one person
about the Hersom residence int0Xicat-
ed. but questioned by County Attorney
Beane stated that he did not remem-
Der of testifying before the grand jury
that he had seen a number of drunk
en- men about the place.
CLYDE H. Nottage testified that he
made a complaint to the city marshal
of Augusta about persons coming from
the respondents home in an intoxicar-
ed condition.
On cross-examination by Attorney
Williamson, the witness testified that
Gated men in the respondents yard.
George E, Fletcher city marshal Of
Augusta, testified that complaints were
made to him about the HersOm place
and on the 3Oth day Of last Augusta
he swore out a warrant against Her
som and searched his house, finding
80 pints Of whiskey. Il bottles Of rum
and two 'long-neckers' of whiskey.
hA
testified that the respondent had the
appcarance of drinking heavily. The
liquor was not concealed in any way.
Officers Lawrence j. Colgan and
John Burke. who accompanied City
Marshal Fletcher on the raid, testified
to the finding of the liquor
After the opening by Attorney Will
hanson. the respondent John Hersom,
took the stand in his own behalf. He
testified that he WAS A years of age
and has resided in Augusta ali his life,
Had been addicted to the use Of liquor
since he was eight years of age. Be
gan to use liquor to excess since nc
was L years Of age. Keeps liquor in
his house for his own consumption
and buys it in five and 10-gallon lots
from Boston wholesalers. Drinks on
Had five gallons each Of rum and
whskcy and that not seized by the Of
ficcrs was drunk by him. The liquol
found on the premises was not intend
ed for Illegal sale but for his own use
He had never sold any liquor
On croSs-cxamination the rcspon-
dent testified that during the past yeal
he has drank more liquor than before
hat Inv no
drink more than two quarts of liquor
Mrs Harriet Hcrsom wife of the
respondent. testified that her husband
has drunk liquor ever since she knew
him. Prior to six years ago she wou-t
not allow him to have liquor in tins
house. Her husband drinks 4 good
deal of liquor, but she never knew him
to sell any
The case was given to the jury al
11.55 o'clock and in five minutes it re-
turned a verdict of guilty.
The next case to he tried was thai
Of State versus John Hersom Of Au-
gusta. an Indictment found by the
grand jury at this term for maintain
ing a liquor. nuisance. The case wa.
heard befos1ea dawn jury Of which
David f, Baler ofsHallowen was fore
man, Js&1eSTW.l Dana of Augusta
one OF ttf 3erymen. was challenged
by sthe defence. Joseph Williamson
Esq, sof Augusta. appeared as counsc
for the respondefM
= The tesfirnopy In the nuisance actor
'against John Hersom was the same as
in the search and seizure case. The case
was given to the Jury al 2.l7 O'Clock
The action of State VS. Clara Vaughan
of Gardiner. n Indictment for maintain
ing a common nuisance. was begun be
fore the second jury. George W. IIescl
ton. Esq. of Gardiner appeared for tn
respondent
The first witness called by the State wa
Frank Il. Andrews, city marshal of Gar
diner. He testified that he searched tn
house, finding bottles containing whiske!
and a tunnel. For two months prior t
the search he had seen soldiers going IL
and out of the respondents house ant
had even seen soldiers hauled away from
there In an intoxicated condition.
On cross-eXamination witness said Capt
Lowering. who was in the house whel
the search was made. asked Deputy Sher
if Martin Burns for warrant, but di,
not ask him. Witness said he had M
Crty in which the woman was often seen
Had no warrant. Has never had war
rant for searching any premises belonging
TO Clara Vaughan.
At this point the jury in the Herson
liquor nuisance case returned verde
of guilty after celebrating on the cas-
for 40 minutes. He was remanded to jai
pending the passing of sentence.
Deputy Sheriff Martin Burns of Gardi
ner testified in regard to having seen sol
diers go in and out of the place intoxicat
ed. Capt. lowering called for the war
rant and grabbed and showed him. whe1
he said the warrant would be shown 500
enough.
Officer Peacock who is also cab driv
er, testified to coming to the place. afte
being called by Capt lowering, to TAX
away couple of drunken soldiers.
William r. Farnsworth. a blacksmith q
Gardiner. whose place Of business is mex