Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-26
Goes on Trial in Superior
Court Tuesday.
States Evidence Not Completed
At End Of Days Session.
Premises Involved at Gardner
Viewed By Jury tuesday.


en- Up with the presentation of the
States evidence in the liquor nuisance
case against Peter A. Honlehan "f
Farmingdale. The jury in the early
afternoon visited the place or bus
of the respondent and premises adjoin-
| ing in Gardiner and DIT Jne time VI a.
| journment OF court in the afternoon the
States evidence was not all cOmplet-
| ed. This case is very warmly contest
ed and it is likely that the entire day
| today will he required to complete its
| trial. The default was taken from an
other case Tuesday and it was placed
| on the criminal trial docket, so that
| with daily additions being made to the
| trial it is possible that court may not
adjourn before Friday or Saturday
The Jury in the case CT single safe
against AL Burke of Augusta brought
in verdict of guilty at the opening
of the superior court Tuesday morn
ing. The court imposed Il fine of $50
and costs and 80 days in Jail and in
default of payment of fine and costs
80 days additional.
The default was stricken off in the
case Ol SudIlcS a. L al imam VI DNi
grade. an appealed search and seizure
case from the court of Trial Justice
Weston of Belgrade. f. w. White
house appeared for the respondent.
The liquor nuisance case against
Peter A. Houlehan of Farmingdale
went on trial after the. rendering of
the verdict in the Burke case. The
case was tried before a drawn jury
consisting of w. A. Milroy, Gardi-
ner Thomas G. Burleigh, Vassal-
boro; Harrison W. Weber, Mt. Yer
non; w. w. Gibbs, Oakland; John n.
Hall, China; \. f. Page, Belgrade;
Edwin NJ Henderson, Hallowell;
Roger H. Lapham, Pittston; Peter
King, Watervile; n. X. Lincoln,
Wayne; n. Howard Libby Gardiner;
Edwin f. Blackwell, Winslow. The
names of John B. Albee, Windsor:
Waterman n. Redmond, Augusta;
| George f. Gray, Winthrop and Elber-
ton f. Lancaster. Gardiner. were chal-
| lenged by the defense, while the State
| challenged John w. Hughes of Vienna
| and ID. Frank Moore OF Augusta in the
making up of the panel. Hon. George
w. HeSelton of Gardiner appeared for
| the respondent.
City Marshall Frank T.. Andrews of
| Gardiner testified that he had known
the respondent for number of years.
| witness did not know that the re-
spondent did any other business eX-
| cept the keeping of Il saloon on Water
street. Witness testified to search
| ing the Thorne barn on Mechanic
street adjoining the Houlehan prem
;eoc ',Ia 81
night. He found in the cellar eight
40-gallon casks marked Everett
sterling rum" One of these casks
contained about a gallon of rum, and
the other about two gallons. Wit
ness also found four five gallon kegs
in boxes with nothing in them and IA
empty jugs.
Witness testified to a second search
of the Thorne barn on August 25.
Witness at that time pushed in a
door and entered room in the cor
ner of the barn cellar about five feet
square. Here he found a barrel of
Everett sterling rum fitted with a
faucet and containing about 80 gal
Ions. basket containing Sc half
pints Of whiskey and a pint of rum.
a peck of cork shoppers. a kettle with
water in it, a lantern, an electric
light. measurer and tunnels. Witness
stated that the cellar of Houlehan's
stable Joined the cellar OF the Thorne
barn and there We're several loose
boards in the wall between. The
little room in the cellar of the Thorne
stable was next to the Houlehan
stable The door to the little room
was locked and barred
Witness on cross examination by
Attorney Heselton admitted that steps
'ed from the Ellis tenement on Me-
chahlc street down to the basement of
the Thorne stable. Witness also adj
united that the only way in which he
could get the barrels out of the stable
"hlch he found there was by saving
out tlmbers. Witness didn't know
"he'her or not he could have got the
oarreIS out through the door leading
10 the Ellis compartment. The
casks Kegs and jugs found by the
witness on the night of August "a
were all scattered over the open cell
lar. Witness on redirect examina-
ton testified that the stairs leading
from the Ellis tenement to the base
ment OF the stable were unsafe and
rotten and moss had grown upon
them. Would anything. prevent put
ting joist at the top of the stairs
leadlnS from the Ellis compartment
and sliding down barrels in that
way" asked Attorney Heselton Of the
witness. Marshal Andrews replied
that he had not examined the stairs
sufficiently to ascertain and it was
suggested to the witness that the
success of the operation would depend
upon the pitch and the strength of
the plank rather than the condition of
the stairway.
The examination of the first wit
ness occupied over an hour and the
next witness to be called was Officer
Michael Cusick of the Gardiner police
force. Witness testified to visiting
the Thorne stable in company with
City Marshal Andrews and others.
He stated that "Cappy" Averill. the
janitor at the city building reached
through into Houlehan's stable base
ment and took out box cover
labelled CIV. H. Trask, Gardiner, Me"
Witness saw another box cover bear
ing a similar label at the police sta
ton at the time of the hearing upon
tho lip,1or Sejzp6 OF ThOrna