The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1910-02-11

| Bacon remained silent until Judge Gib-oi
| had resumed ms seat when he asked tina
cases one, two and three OF beer be made
\ exhibits one, two and three in the case
| Chief Wilson was placed upon the stanc
| and told Of searching the premises O
Tomato a. be called the respondent, unit
reminded BIZ some Of the court zttache.
| that the mans name was q Amsto. Mr.
Wilson said that when be made the seiz
ure d'Amato insisted that the beer Be
longed to him and three OF his ooarters
Chief Wilson testified that there were pres
ent two other gentlemen" beside dana
the measles Mr. Wilson identified the
beer as the same that be had presented 10
the court Saturday evening
Tony FeTier was the next witness ioT
the prosecution. II appeared that Tony
was out Of JOB just at present and that
he was paying 10 cents night for place
TO sleep under the Mancini roof on South
Main street Tony said that he bought two
bottles OF beer Of d'Amato Dec. and paid
cents bottle for the moisture. He con
fe.sed in his testimony that he formerly
boarded a. the d Amato residence, having
made his home there for q days. He &C
knowledged that he left his happy home
under the Tomato vine only after Mrs.
d'Amato had Kicked him out" He said
that Mrs. dAmato and he INDUCED in a
slight misunderstanding over the mysteri-
Gus disappearance OF ten cents from ths
table Tony told the court in response TO
an interrogation OF Mr.. Schwenk that he
had worked ON and off for Crosby 4 Par
ker about seven years. He said that be
told Mancini about u days ago" that he
had purchased beer OF Amato., and that
during his acquaintance with dAmato he
had purchased OF him 40 or 50 bottles OF
beer at six cents each.
Mike Avalo, who = married man keeps
house on Elliot street in the immediate
vicinity OF the d Amato family Mike told
the court that on Dec. 9 he bought two
bottles OF beer OF Mr.. d'Amato. He said.
in response to the cross-eIaminstion OF
Attorney Schwenk. that he was a son-in-
law OF Emidio Mancini. At this point the
prosecution rested and Attorney Schwenk
followed suit and asked the court to dis
charge the prisoner. He maintained that
no charge had been brought against his
client that he had sold anything but beer.
Mr.. Schwenk explained that had a charge |
been made that d'Amato had sold lager |
beer it would be different. but even though |
he be found guilty OF selling plain beer he |
had committed no offense against the state |
Of Vermont. Grand Juror Bacon took /
different view OF the situation and Judge /
Gibson said recess would be taken for /
dinner. At 10 o'clock court re-conyened
and Mr.. Schwenk was permitted to with
draw his motion TO rest and the case was
Andre d'Amato was put on the stand.
He said he never sold Tony Ferrier any
beer. but that he had given him some and
that Tony had given the d'Amato children
some money. At this point the two inter
prefers had disagreement as to the reply
hat the respondent had made Andre said
Avalo came to his home and asked him for
two bottles OF beer for his sick wife and
that he gave them to him. Mike stood
against the wall and grinned as d'Amato
explained how he had given up the beer
or a sick woman
Prosecutor Bacon rose from his chair and
.rasping the heavy beer keg By the chime
nted It as easily as blue point is nanipu-
ated upon the point OF a fork. With a ,
GESTURE resembling motion made BY strong i
men bowlng acknowledgements to the au. {
hence above the amphitheatre Mr.. Bacon
'iaced the empty key at the feet of dana
Q and demanded in thunderous tones if
ne respondent had ever seen if before
Ahare never batted an eye The inter
reter explained Mr.. Bacon's question and .
he weakened little italian said that he had
cen the key before and that when he
Ist toasted his optics upon it is was filled
nth beer. He said he and three other
-Iends who boarded with him had contrib c
ted $40 to have the keg filled Mr.. I
'Amato said that it required an extra l
nte Of 10 cents each upon the part of the d
'ur to pay the expressman. I
Suddenly Prosecutor Bacon pointed TO a
lie familiar green internal revenue stamp 2