Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-05-22

ownership or liquor IOunO Ill us Ioch-
er. rs
Charles f. Daggett, recalled, testi-
fled that the register showed for the
last week receipts of $25 and that none
Of these receipts came from the sale OF
intoxicating liquors. For about week,
a short time before Pomerleau was
made steward, no liquors were dis
pensed in the club rooms. Witness
thought Pomerleau became steward
about April or z.
The respondent, Marshall Pomerleau,
testified that he was formerly a po-
lice officer of the city Of Augusta Had
been steward of the 1906 Club since
the 9th or 10th of April. His work was
to take care of the rooms and If IL
quor came for the members to put it
in their lockers. He was also expected
to serve liquor to members asking for
it. None of the liquor there was intend
ed for illegal sale. Respondent had
sold no liquor since he had been there.
All liquor was served from private
stock. He had nothing to do with the
slot machine. Sold some cigars and
soft beers. He was pair So day for
six days in the week. Respondent on
cross-examination testified that Mr..
Daggett hired him as steward. He de-
MED that at the time of. his engage
ment he had asked who would stand
behind him if the place was raided,
but admitted that later he had talked
with Mr.. Daggett about the matter.
The first witness to be called at the
evening session of the municipal court
was Emerald Wood of Winthrop. Wit
-
Der Of the club about a year and
claimed the whiskey and wine taken
by the officers from his locker as his
own personal property and said that
the same was intended for his own pri
vate use.
DR.. George f. Washburn testified
that he had liquor at the 1906 Club
rooms and that whatever liquor the
officers found in his locker was intend
ed for his own use. Witness testified
that the same was the case with other
members so far as he knew.
George Moore testified that he had
been member of the 1906 Club for
several years and claimed the liquor in
the locker marked with his name.
Witness testified that he was a MEM
Der Of the house committee and iden-
tilted the framed copy of the house
rules when presented in court by Dep
uty Sheriff Vickery. He also testified
that the house rules We're still in force
and that the tickets mentioned in the
house rules were procured of the
steward.
Charles F.. Daggett was recalled by
the court and his attention called to
the fact that the respondent was a
member Of the club as well as stew
ard. Witness explained that it was
necessary for Pomerleau to be a MEM
Der of the club in order for him to be
chosen steward. Pomerleau had no liz
uor at the club room that he knew Of
Outsiders were not allowed to take a
share in club orders.
B. W. Cote testified that bottle of
wine seized by the officers from the re-
frigeratOr was his own and intended
for his personal use. Other liquor in
his locker was also for his own use
Witness never saw anything about the
place to indicate that any liquor was
sold there. He gave his order to Mr..
Daggctt when he wanted liquor.
George Moore recalled, testified that
he answered to a previous question of
Judge Maher in regard to the use of
tickets under a misrepresentation. Wit
ness said that he had stated that tick
cts were now in use when as a mat
ter CT fact that while tickets were put
out When the club first started none
We're used now.
AS the witness stepped down Judge
Maher asked: Are the house rules still
In effect? You did not misunderstood
me when you answered that question
before?"
Moore-Yes, they are still in effect.
Attorney Williamson-More honored
in the breach than in the observance
f. S. Sanborn testified that liquor
seized marked f. S. Leeman belonged
to Mr.. Leeman, but that gentleman
was in StarkS and unable to be pres
ent to testify.
Mr.. Daggett was recalled and in
formed the court that George Marshall,
another of the witnesses he expected
to have present was SICK
Judge Maher-"You are mistaken. I
passed him on the bridge wearing q
baseball suit
Mr. Daggett was asked by the court
to explain how barrel of ale seized
at the express office marked for the
1906 Club was also marked with the
names of men who, according to his
testimony, We're not members of the
club. Witness explained the marking
was an error made by the shippers.
In his closing argument Attorney
Williamson dwelt upon the question
whether the liquor was in the possess
sion of the respondent with the inten-
ton of violating the law, which he said
the State had not proven. He allud-
ed to the integrity and character of the
members of the club, who had testi-
fed to the ownership of the liquor
seized. Counsel also informed the
court that whatever the decision in the
case should be, "the 1906 Club would
cease to do business tomorrow
Judge Maher after explaining that
Illegal possession had reference to "dis-
pensing' liquor as well as selling it,
found the respondent guilty and i'm
posed sentence of 500 and costs or
30 days in Jail from which the respond
emf appealed
In the liquor nuisance case the re-
spondent waived the reading of the