Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-04-20
SUPERIOR COURT.
|ntoxication Case Heard
Before the Jury.
Respondent Is Sentenced 10
Sixty Days In Jail.
Jurors Are Excused For the Term
...Some Of Civil Actions.

...Some Of Civil Actions.
For the first time in the history of
the superior court for kennebec cOun
ty case of intOXication was tried be-
fore jury Saturday. The respondent
was Clarence f. York and the case
came to the superior court on an APP
peal from the decision of the Augusta
| municipal court The case was heard
before a drawn jury of which Melvin
NJ. Mower of Augusta was appointed
| the foreman by the court and the jury,
after deliberation of 10 minutes, re-
turned a verdict of guilty. York was
sentenced to serve 60 days in Jail.
| County Attorney Beane appeared for
| the State while the respondent was
represented by f. w. Whitehouse of
Augusta.
The first witness called in behalf of
the State was ]. Napoleon Bison of
Augusta, a special officer. The wit
ness testified that he noticed that the
respondent was intoxicated on the
| bridge in Augusta on the Goth day of
last March about O'Clock in the even
ing He saw that the respondent was
apparently going towards home so he
did not place him under arrest.
On cross examination the witness
testified that the respondent was drunk
but that he thought that he would not
| arrest him but would allow him to go
| home.
Albert II. Ferran, an Augusta police
man. testified that he arrested the re-
spOndent and he was very drunk.
On cross examination by Attorney
| WhitehOuse, the witness testified that
the man staggered and although he
| was not making any disturbance he
was making a show of himself"
He was making a show of himself,
was he" asked Attorney Whitehouse.
He was"
"And you did not want the young
man to make a show of himself?"
mo, l did not. He was drunk and
staggering.
And you thought that there was
occasion to arrest him.
| Il did"
Three witnesses We're sworn in be-
| half of the defence and the respondent,
Clarence F. York, took the stand.
The respondent testified that he had
been drinking on the day of the arrest
but was not drunk. ur-. :r...
L was not any drunken than am, ny
this minute" said the respondent, and
| have drank nothing but ice cold
| water today. | was not drunk at all
| but Just feeling well. could walk
straight and did not stagger in the
| least" >4.* .. l+5 t,.. ,,~ ,
| . The respondent was sharply cross
examined ,bY, County, Attorney .Beane,
Where did you get your liquor?"
| I'll am not obliged to tell ~,
/ Il asked you where you got your
liquor "' "
From Frenchman who runs a
place back Of the Farmers Hotel" .
! "What's his Nance
Il do not know" 't*H I'D: ,
How did you purchase the liquor,
by the pint?"
mo, by the half pint"
who was with you when you
| bought the liquoro"
| NO one l was alone at the time"
You have been arrested before for
being drunk, have you not?
Yes three or four times"
"And you were as sober on this day
Of the arrest as you are now"
Yes
And you haven't drank anything
today but water"
NO, sir"
Fred D. Storer of Augusta testified
that on the day Of the arrest the re-
spondent had been drinking a little but
knew what he was doing and did not
stagger
On cross examination the witness
testified that he thought the respon-
dent would be arrested and he wanted
to take him to his room.
Mrs Angelin Brooks, a sister of the
respondent, testified that she saw him
on the day of his arrest. He had been
drinking. but did not stagger. was not
drunk and made no disturbance.
Henry H. Stickney of Augusta with
drew his plea of not guilty and filed
demurrer to an indictment found
against him at the January term for
maintaining a liquor nuisance and was
sentenced to pay a fine of $500 and
costs end to serve so days in Jail and
in default of payment to serve four
months additional. Stickney filed ex
ceptiOnS and the case will go to sthe
law court Joseph Williamson of Au
gusta appeared as counsel for the re-
spondent.
George Joseph of Vassalboro was
tried before a drawn jury of which
Samuel w. Clement of Rome was APP
pointed the foreman by the court on
an appealed single sale case from b.
H. Whitney. trial justice at Nassal-
boro. Alfred A. Matthew of Water
vile appeared as counsel for the re-
spondent.
The testimony on the part of the
state was that the respondent sold
liquor to Charles Rancourt last fall.
Rancourt testified to this fact and his
evidence was corroborated by his Ia
year-oid daughter.
The defence was that the case was
instituted for spite and Mrs. Rancourt.
wife of Charles Rancourt testified that
she never saw any liquor sold to her
husband.
Neither Attorney Matthew or County