Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1909-10-26
The End Of the Court.
NJ. R. FoeG FOUND GUILTY AND AP-
PEALED.-oNLY ONE STATE PRISON
SENTENCE.

Two very busy days of last week com
pleted the October session of Suprem,
Judicial Court for Oxford County, an(
adjournment was reached late Tuesday
afternoon.
/, In the appealed case of Fred Russell
of Rumford for search and seizure, bal
was defaulted, and the sentence of the
Rumford Falls Municipal Court of thirty
days in Jail was affirmed. Later Russell
was taken on mittimus and committed
to Jail to serve the sentence.
An appealed case for search and seiz
ure against Fred A. Given of Rumford
was mol pressed by the county attorney
on payment of the fine of 1892 05, and
the liquor nuisance case against the
same party was continued for sentence.
In addition to the cases already named,
liquor nuisance cases were continued
during good behavior against Timothy
Conway of Rumford, Albert Coulombe
of Rumford, and Joseph Waznis and
Joseph Tenkey of Rumford. The same
disposition was made of the case OF
Allie Smith of Canton, indicted as
common seller. In each case q plea of
guilty was entered.
In the case of John Oriuo of Rumford,
appealed from the Rumford Falls Mu-
uicipal Court, bail was defaulted, and
the judgment of the lower court, fine
OF ten dollars and costs, was affirmed,
with additional costs for this term.
This was complaint for violation of
the Sunday laws, which has had much
interest at Rumford.
The weeks first trial was that of John
ellis of Rumford, indicted for liquor
nuisance. 1t was short trial, with Mr.
Mccarthy appearing as counsel for
ellis. The jury was out but short
time before returning verdict of guilty.
| THE FoGG NUISANCE CASE.
Undoubtedly the case of the term
which was the object of most popular
interest was the trial of Maurice r.
| Fogg of East Sumner for maintaining a
liquor nuisance. Mr.. Fogg has been
for some fourteen years superintendent
of the corn canning factory of the Minot
Packing Co. at East Sumner, has been
one of the selectmen of Sumner for
some years, and is now chairman of the
board. A large number of witnesses
were summoned to testify on both sides
of the case, which occupied nearly day.
County Attorney Parker conducted the
case for the state, and Mccarthy of Rum
ford and W. H. CULVER of Portland for
the defence.
The building named in the indictment
as the place where the nuisance was
maintained is what is known as the corn
shop boarding house, one of the build
ings of the corn factory, used during the
canning season as lodging house, and
the events on which the state principally
relied for its evidence occurred on the
4th and 9Th of July of this year.
The evidence for the state showed
that on the 7th of July Deputy Sheriffs
Niles of Rumford and Small of Mexico
made search of the corn shop prem
ises. On the second floor of the board
ing house they found longnecker con-
tanning small quantity of whiskey, and
eight or nine other bottles which they
said showed evidences of having recently
contained whiskey. In other parts of
the premises they found bottle wrappers,
boxes with labels marked Dayton, O.,
and other evidences Of liquor.
Frank f Palmer, express agent at the
East Sumner station, testified regarding
shipments of express to Maurice r. Fogg
during the time from March 23d to July
Sd. From his books he gave quite
long list of packages of glass from Day
ton, o., and kegs from Portsmouth, n.
a., consigned to Maurice r. Fogg, and
delivered to him during the time named.
There was some testimony regarding
disturbance which was heard ON the
night of July 4th apparently in the
vicinity of the corn shop boarding
house, but the important direct evidence
regarding the occurrences of that time
was given by Miss Clytie Bradeen of
East Sumner and Joseph Cary, who had
been paying her attention. Miss Bra
deem testified that on the night of Sum
day, July 4th, Joe Cary called on her,
leaving about II o'clock. He was then
entirely sober. Early Monday morning
she met him coming from the corn shop
boarding house, and he was then in.
toxicated, and had longnecker in his
hip pocket partly full of whiskey.
About S O'Clock Monday evening she
went over to the boarding house aud
raped at the door. Mr.. Fogg came to
the door. She asked if Joe Cary was
there Mr.. Fogg said he didn't think he
was, but he would look around. He
went away and came back and said he
didn't think Joe Cary was there. She
asked if she could 60 upstairs and see.
he said she might, and she went up
stairs and found Joe lying on the floor,
and Mr.. Rand, who was then occupying
the second floor of the building, also on
the floor.
On cross-examination Miss Bradeen
admitted that during the time she had
been going with Joe Cary she had seen
him intoxicated several times.
Joe Cary was called to the stand and
recounted the incidents of the celebra-
ton. He said that after leaving Miss
Bradeen Sunday evening he met some
fellows who gave him drink of beer,
and then he went upstairs in the board
ing house, where Rand was then staying.
NJ. r. Fogg was there, and Mr.. Rand, a
Mr.. Benson and Mr.. Millett. There
was whiskey, and all drank around, and
most of them got intoxicated. Witness
drank a good deal. He stayed at the
boarding house all that night, except
short time that he was walking out about
o'clock to get the air. He had faint
recollection of the occurrences of the
morning when he met Miss Bradeen,
but did not remember having bottle in
his pocket or know where he got it.
He W ent back to the boarding house
that night, and was there when Miss
Bradeen came there. He stayed there
all that night and all the next day, be-
cause he was ashamed to 60 out.
For the defence Mr.. Fogg himself was
the first witness He stated that he fire.
quently sent for things to accommodate
his neighbors, particularly farming
tools. He used liquor more or less him
self, generally KEEP. some on hand, and
| had beer in his cellar all summer. He
had several times sent for liquor in con-
nection with others, the others giving
him the money when ordering, and the
liquor coming in his name and being
divided after it arrived. The several
shipments to which the express agent
had testified were taken up one by one,
and Mr.. Fogg told in connection with
each lot of hard liquor for whom it was
ordered, part of it being in each case for
him self, and the rest for some one else.
A shipment came on the third OF July OF
which part was for him, and the rest
was for Mr.. Rand, who was occupying
the upper tenement of the boarding
house. Mr.. Rand worked for him about
three weeks, beginning about the 10Th OF
June, and he allowed him to occupy the
upper part of the boarding house, Mr..
Rand paying him so cents per week for
lit. Rand had the key to the upper part,
m