Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-09-24
Dismissal for Variance In
the Waller Case.
Mrs. Davidson Is ! kdjudged
mot GulIty' wednesday.
Present Session Proves to Be a
Very Busy One.

Tor the UeleIlSt, Iiit.p0 {" ''N>-
dismiss. after the evidence Of the
state was in. on account of variance
in the complaint and the evidence.
Judge Halls decision follows:
'"rhe motion of defendants counsel
must be allowed The variance be
tween the complaint and the PROOF Is
in my judgment fatal. The complaint
and warrant describe the premises 10
be searched for intoxicating liquors as
"a wooden building and all appurten-
ances thereto connected ana
occupied by Mrs. Waller as a dwell
ing house and also as place where
Intoxicating liquors are kept and held
by her for illegal sale.
..The evidence shows that no liquors
We're found in the house, but the bottle
of whiskey was found from ~ 70 ~
feet from the house in a hole In the
Ground. If the grounds at that ms
lance from the house are properly ap-
purtenant to the dwelling house, there
is no variance; but clearly they are
not. The law requires the locahtS
where liquors are believed to be de-
posited to be described in the complaint
with as much definiteness as IS re-
nuired in a deed to pass title. Ger
tainly land at that distance from the
dwelling house would not pass under
the simple description of appurten-
ance:; thereto Connected at least with
oat proof that they We're essential to
its use.
"The term 'appurtenances' has no
such legal meaning They include
only incorporeal estates, such as out
- nd of "a
ments. but not grounds which are not
essential to the use of the dwelling.
Being convinced that a conviction
in this case would not be sustained for
the reasons named, the prosecution Is
dismissed
Benoit Arsenault was sentenced H.
the following appealed liquor eases;
No. 16S, $500 and costs and ~ DAYS III
iail. and in default of payment OF
fine and costs 4ymonths additional.
No. 9O6. Judgment of lower court at
firmed. sentence of 500 and costs anC
30 days in jail in default of payment
of fine and costs 60 days additional
No. 2O7, Judgment of lower court al
6rmed. 500 and costs and 30 days II
iail and in default of payment of tine
and costs 30 days ADDITIONAL; No. 20S
Judgment of lower court afhr1ned
sentence of 500 and costs and bo DAY:
in -iail. or in default of payment OF
fine and costs CO. days additional
Penoit Arsenaul Fthe respondent, ap-
pealed and furnished bonds in the sun
of $500 in each case for appearance
from term to term.
The first case Wednesday to DC
opened before jury was mat VI
state versus Emma Davidson OF Chel-
sea, an appealed search and SEIZURE
from the decision of the Augusta hiu-
nicipal court.
Deputy Sheriffs Orren l.. Choate ;'n'
n Frank Moore, Patrolman Albert II
Ferran and special officer, George
Rovnton testified to making raid at
the respondents place in Chelsea and
to Selling small quantity of whiskey
After the opening by Attorney Fish
or for the defense, the respondent, Mrs
Emma Davidson, took the stand III he1
own behalf She testified that she mao
Sold no liquor within the last two
years.
The ease was given to the jury
II O'Clock.
The case of State versus Frank Gil
rard, who was indicted for an assam
on Ex-Deputy Sheriff George II. snap
son of Waterville, was next taken up
Fred w. Clair appearing as counsel 1o'
the respondent. The plea of not guiit!
was withdrawn and plea of nolo con
tandere. The case was placed on fil'
during the boys good behavior
Michael Kerr of Chelsea through MS
counsel, w H. Fisher, OF Augusta
withdrew his plea of not guilty an'
rieaded nolo contenderc to an indict
nent for maintaining liquor nul
.arce and an appealed search ant
seizure process.
kerr's cases were continued unit
later in order to hear the testimony o
musicians regarding his condition.
An appealed search and seizure cast
against Archie Craig of Chelsea wa;
dismissed for lack of evidence.
The jury in the Davidson case re
turned a verdict of not guilty after q
celebration Of half an hour.
At the afternoon session the sen
tcnce of Michael Kerr, owing to tn
condition Of his health, was suspended
and he was ordered 10 furnish bof'
not to engage in the liquor business
for two years.
The case of State versus Emma Da
wilson of Chelsea for liquor nuisahc'
was then tried, the evidence heint
,hcut the same as that offered In tht
search and seizure case Of the morning
Deputy Sheriff d. Frank Moore, Spec
ial officer George Boynton, officer Al
bert II. Ferran and Deputy Sheriff Or
rim l.. Choate testified as to the search
Of Mrs. Davidson's place on June ~.
1908, and the seizure of pint botti'
containing whiskey and whlskey
glass. AS in the previous case Mrs.
Davidson took the stand in her own be
half and testified that her business was
selling lunches and soft beer to the vet
Grams of the National Home and that
she had never sold intOxicants.
The case went to the jury at 5.15 +
M. with instructions to bring in a
sealed verdict this morning at the
opening of court.
The new Turkish Minister of Educa-,
ton says: 1--WE have compulsory cdu
cation at present, but we lack primary