Putnam patriot., 1911-01-20

City Court-Euifer udgc-
James Gensen was fined S. for
drunkenness Saturday morning and
was allowed until four O'Clock in the
afternoon in which to pay.
At two o'clock court came in TO hear
the case of State VS. Frank Layinsky, a
Junk dealer, charged with selling a
horse for which he only had con.
ditional bill of sale, which is made a
misdemeanor by statute. Defendant
pleaded not guilty He was repre-.
ser ted by Attorney IL. {. Bradford.
Testimony showed that Lasinsky pur-
chased horse Of II. II. Davenport of
Pomfret for $l75 In 1907 under a con-
ditional bill of sale which was ac-
know lodged and recorded. He paid
small amounts from time 10 time
amounting to some $lss. Last Sep
tember he sold the horse TO Michael
Tratsky Of Webster for siia. After
the sale he continued TO make pay
ments to Davenport, making five 81
payments In ell. After Davenport
heard that the horse had been sold he
went with the sheriff and got II ard
later sold 1t again. Asked what he
had done with the money from the
sale Of the horse Lavinsky said he sold
1t because he was hard up and had
bought necessaries for his family. He
said he thought the horse was his
property and that he had a right TO
sell 1t and that he intended no wrong
rs he was going to pay Mr.. Davenport
all he owed him.
Counsel for defense argued that
under the statute a specific criminal In
tent was necessary, and that this had
been rebutted by defendants statement
and his actions when he continued TO
make payments after he had sold the
horse. The prosecuting attorney did
not think this the proper construction
Of the statute but thought 1t was a case
where 1t was not necessary TO prove
specific intent but that an intent
would be implied from the acts Of the
defendant which were contrary to the
statute.
Lavinsky was found guilty and
fined SIS, which he psid.
John Paine was before the court
Monday morning charged with fur
nishing liquor 10 woman who Is on
the black list. He pleaded not guilty.
Paine was represented by Attorney
Charles l.. Torrey.
Albertus Eddy testified that n he
was coming down town Saturday even-
ing he met defendant with basket In
which were bottles Of beer. He fol-
lowed him and saw him 60 to house
and there give a bottle 10 the woman
and they both drank. A nine year-old
boy named Cambell testified to seeing
the woman lying on the cellar floor
drinking from q beer bottle, while
Paine was in the kitchen. Upon cross
examin nation the witnesses said the only
way they knew il was beer was from
the bottles, they neither smelled II or
tasted 1t. Sergeant Hayes said he was
called 10 the house and found the
woman and Paine there. Both had
apparently been drinking. The wom-
an said she had sent for Paine to build
fire for her as she was SICK. Defense
offered no evidence.
The prosecuting attorney argued
that the witnesses testified that the
bottles contained beer and that the
woman drank It and became intoxi-
Gated, which, he claimed, substan-
tiated the allegation beyond q reason
able doubt. DEFENDANTS attorney ar
gued that there was a reasonable doubt
as there was no evidence that the bot
ties contained an intoxicant as IL was
merely inference from the appearances.
That some proof of the contents OF the
bottles. either from taste or smell, was
necessary to establish the fact that
they did contain intoxicants, beyond
reasonable doubt.
The co.srt found Paine guilty and
sentenced him to pay a fine OF $40
withaut COSTS. He appealed.