Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-07-14

| That he was unable to tell how ,nucl,
whiskey had been ordered in the past
1 month; that perhaps he had ordered
! three times. a barrel of beer. about a
dozen and half of whiskey and then
the IL quarts He had no knowledge Of
the boxes and wrappers in the cellar.
| IN ms argument for the respondent
Attorney Heselton said that he he ped
MS honor would consider the case in.
| the light of the evidence. That the
case was solely against the liquors
WECtAer or not they were kept for il
legal sale and lie questioned that there
mad been any, testimony sufficient to
warrant verdict of guilty. He said
that If the verdict was returned then
there We're not many citizens in the
city but who could be brought into
court for keeping liquors in their
homes. If the liquors were for sale
that was another proposition. The evil
| dence must be sufficient to convict Mr.
| Hesclton stated that the officers had
been searching for Harmon and he
! characterized their treatment as out
rageous. because it was brought on by
political belief and that because Of his
! politics he had been under more SUPER
vision.
Among the arguments brought out
by Mr.. HeseltOn to show that there
was no evidence of illegal sale of
| liquors he declared that it had not
been shown that one man known to be
of the drinking class frequented the
house. In speaking of the four empty
beer bottles found the attorney asked
what house in Gardiner could you find
| a less number The only ecidence of
liquor kept in the house was that found
| in the kitchen and that. he said, was in
| the closet where the family knew all
| about it and knew that Mr.. Harmon
used it. No evidence was brought out
to dispute the fact that the alcohol
found in Room No. s did not belong to
| the woman. Mr.. Heselton claimed that
1t the search was male because of poll
| tics alone, Mr.. Harmon should not have
been brought into court ard he stated
that he didn't believe the courts of the
| State Of Maine" would be used to
bolster up such cases.
County Attorney Hildreth declared
| in his opening that there was no poll
| tics in the case. He said that the wit
| ness had been lead on by his attorney
| to testify as ne did in certain parts
MIR. Harmon said that he was great
| drinker. but his own evidence showed
| that of the order of y bottles of whiS
| key ordered about 10 days ago ne had
| only used one bottle and the others
were in the court room. He stated
| that there are two ways that men sell
| liquor in Maine now-openly and in
| the concealng way and let the officers
find it if they can. He spoke of IIr
| Harmon as this foxy citizen with his
story put in his mouth by his attorney.
| He said that he did not wish any man
| bound over to a higher court unless
| he was guilty. The question was
whether or not Harmol had the liquor
| for illegal sale hut it was most i'm
pruba BILE, he said. to bring any man
VINO has bought liquor of such a man
as Harmon into court and if this were
possible it would be called a squealer
case.
| In giving his decision Judge LARA
bee distressed at first somewhat from
the law He said that no political is
sues had any bearing on the case and
that curing the trial was the first time.
to his knowledge, that politics had been
mentioned and that they had no bear
|
"that Harmon has changed his politics,
he has shown poor judgment. l have
never seen any reason since 1893 TO
cf; nge my vote" The question of TIE
lsmau quantity of liquor drank in ID
(davs was Il tWo-cdged argument, ac-
cor ding to Judge Larrsloee. tie sad
| that it also showed that small guam
tity was drank for a man who drinks
as Harmon does but it also shows a
small quantity which might have been
sold.
| His honor stated that "Wednesday
forenoon he asked the officers to bring
lin testimony to show that Ike place
Twas a resort for drinking men but no
testimony to that effect was presented.
The only questions are of the liquors
themselves.
| In the previous case, said he. the
broken bottles in the cellar. Whlch
showed that men might have Drank
and then smashed the bottle on the
IwalI. was the only peg on which L
IcCUld hang the case and it was thrnWn
lcut above. Have we anything now
Imam has a right. I am sorry to say, to
I0r,nk and treat his friends. The CUES
Ition is whether these liquors can be
held as kept for illegal sale. l cannot
find one scintilla of Evidence to that
effect and shall acquit the respondent