Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-07-30
Pocket Pedd|ei Mus1
Furnish $1,000 Bonds.
Novel Ruling by Judge MaheI
In Liquor Case.
County Attorney HiIdreth Conducts
Case for the State.

Judge Benedict f. Maher of the
Augusta municipal court made novel
ruling in a liquor case Thursday morn
ing when after sentencing Oscar john
Soil, upon 3. single sale charge to 5000
ana costs and six months in Jail, and in
default of payment of fine and costs
six months additional he ordered the
respondent to furnish bail of $1,000 to
keep the peace for enc year. Judge
Maher also found probable cause in
he common seller case against john
sol, which was tried after the first
case, and bound him over in the sum
of $500 to the September term of the
Kennebec superior court. s
This is the. fourth time since Jan.
1 that Johnson has been arraigneG
charged with the violation of the pro-
hiDitory law and he is also under bonds
for his appearance at the September
term of the United States district
court at Bath to answer to the charge
of selling liquor upon the National
Home reservation without Federal
retail dealers license. The case was
considered of such Importance that the
States side of the evidence was con-
Quoted by County Attorney Guy A.
Hiidreth of Gardiner and Sheriff Colby
Getchell took the stand to testify
against the respondent. E. w. White
house appeared as counsel for john
SOIL . ~ts9.l:.5s-. S.. a.. s.s.
Deputy Sheriff George r. Vickery of
Hailowell testified to seeing johnson
make sale of q pint bottle of whiskey
Wednesday afternoon to Nathan
behind the barn of the .,so-called Jen-
ress place at Togus. He afterwards
arrested johnson upon the reservation,
and he denied having made any sale
of liquor. He had previously seen
johnson milking cows and digging
pestholes upon the so-called Jenness
place. -..
Deputy Sheriff A. r. Bucklin of
Litchlield testified to seeing johnson
pass bottle to a soldier upon the pi-
Eazza of the house two days before
deputy Sheriff Frank j. Ham of Au.
|;gusta testified to seeing Johnson sell
va pint of Whiskey to an old soldier on
Ethe piazza.
+ Sheriff Colby Getchell testified that
Ewhen Johnson was arrested and taken
Ito Jail Wednesday afternoon he asked
Ehim in the Jail office for whom he
was selling liquor. The respondent de-
Efied selling liquor for any one, but
lyaid he Was working for Jenness.
~ 1t developed in Che testimony at this
point that the place at Togus alluded
to by the witnesses as the Jenness
place was owned by J. d. Lacy of Ran
dolph the title being subject to a
mortgage to Mrs. Jenness.
Officers Vickery, Buckiin and Ham
| in the hearing upon the common seller
charge each testified to seeing Johnson
make sales Of liquor several times to
soldiers and Others
| the ruling of Judge Maher ordering a
pocket peddler to furnish bonds to keen
the peace caused considerable comment
among the lawyers Of the city Thurs
day, but Judge Maher is confident that
| his ruling is sound one and believes
that If it is carried out in other cases
it may prove very disastrous to viola
tors of the prohibtory law
| The Section of the Revised Statutes
upon which Judge Maher bases mis-
ruling is Section of Chapter 133. which
describes the powers of police cour
| JduStS anu OtUcT mag Inc
section. readS: 800
They have jurisdiction of assaults
| and batteries, breaches OF the peace
and violations of any statute or by.
law of town. village corporation OF
! local board of health, when the Offence
is not of an aggravated nature, ant
of all attempts to commit offences OF
which they now have jurisdiction by
law; and may cause affrayers, rioters
breakers of the peace and violators Of
the Jaw to be arrested; and they may
try and punish by fine not exceeding
$40 or by Imprisonment not exceeding
80 days. and may require such offenders
to furnish sureties for keeping tn.
! peace"
1t is understood sthat warrants have
| been taken out for the owners of thu
property upon which it is alleged thai