Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-07-03
BITTER ARRANGEMENT
Of "stursis" Deputies Methods At
e Bath BY Hon. G. w. HeseIton.

Bath, Me-, July 2.-The proprietor OF
the Bath Bottling Co. was again be-
fore, Judge Staples this morning on a
search and seizure case conducted by
the three Enforcement deputies
French, Conway and Varney of this
city, and again he was freed by the
court who gave a very exhaustive re-
view of the case, after first plainly
stating that although the methods pur-
sued by the deputies did not meet
with his approval he laid that out of
consideration and based his opinion on
the figures given by Prof. Robinson of
Bowdoin College and Ernest Jordan,
drug clerk in "a lewiston store, the
men who, made the ANALYSIS of the
beer
The case grew out of the seizure of
IS half kegs and four quarter kegs of
beer, made June 20. The beer was TAX
en- to the apartments of the deputies
on Washington street.
In his argument Mr.. Heselton said
in part: Il want to point out a few
facts for your honor to consider for
their worth. The actions and conduct
vi lIlt NitItSSSCS CCIt I'll oiitSo
the enquiry of Proprietor Decoste and
the young man present if they were
not prosecuting and not prosecuting in
Bath. They could have arrived at no
other conclusion. These men are put
on guard over this places to see that
he does not do business in Bath. Why
do they let other men receive beer
without check or hinderance? Give
these facts due consideration.
"If he had intoxicating liquors in
his possession and had them for I'M
lawful sale he is guilty. If not he is in
nocent. There are some peculiar things
in connection with this case. A cast
iron rule obliges them to take all the
liquor to .cramp the business of this
respondent. but they left large
amount. The, rule is fiction and intro
duced here to take away the cussed-
ness of their own acts. They take
samples away over to Lewiston, past
Prof. Robinson, showing that they had
in their mind a purpose. l am one OF
the fathers of the Sturgis law, I voted
for it, but | am ashamed Of the agents
who are appointed to enforce the law
in Bath and if there are any more like
them in Maine the sooner the law is
abolished the better You must be con-
WINGED beyond a reasonable doubt, not
only that this half keg was not tam
pered with but in all phases of the
case of the guilt of this respondent be-
fore he can be convicted. I never heard
of such methods used to get liquor into
the hands of chemist. The beer was
left with one Mr.. Howard-he may be
another Pigment in the case, as this
rule, which is undoubtedly false and
injected here to protect them from the
payment of their unlawful acts. The
beer was delivered to Howard at noon,
to the chemist at night. He (HoWard)
might be in league in this persecution
of .Decoste. Every link has got to be
pr oven. From noon to O'clock How
ard had possession of the beer. He is
not here. to tell US whether that beer
was monkeyed' with or not.
''Fees are what the Sturgis deputies
are after and that they We're appoint
ed to enforce the law is the last thing
in their minds"
He then reviewed the testimony of
the two chemists In closing he said:
"The deputies have used the powers
the State gives them for persecution,
not prosecution"