Connecticut western news., 1911-12-07
BRIGGS ACQUITTED
Justice Ford Finds Him Not Guilty
 of Transgressing Law.

Briggs, adjourned from last week Tues day, came up before Justice George W. Ford, Monday morning for trial Prose outing Agent Fred W. Williams, of New Milford, appeared for the State, and Attorney L. J. Nickerson, of West Cornwall, for defendant.
 MT. Briggs was charged with six viola tions of the law in delivering beer, etc in no license town, "selling and keep, ing with intent to sell," and one actual sale.
 A considerable crowd of spectators as- sempled at Town Hall, and took re- served seats on the ''incline" and along the sides of the hall, and showed an in tense interest in the case at every stage of it's progress. .f'..... sa.
 Station Agent Finney was called, and identified number of freight bills for beer and liquor consigned by the Berk- shire Brewing O., of Pittsfeld, to the "A. P. Briggs Express" for delivery to various parties, chiefly the Italians who who were recently prosecuted and fined on evidence furnished by the State police. Receipts for the freight had been signed by MT. Briggs. These numerous freight bills and receipts were a monotonous feature. despite the ripple caused by the disclosure, during the reading of them. that somebody in the railroad office persisted in spelling ale ''a-i-l" and puzzIing the lawyers as to whether Briggs had delivered barrel of ale or barrel of oil. The bills and receipts were introduced as evidence.
 The other witnesses for the prosecu- tion-August Christiano, Azzo Gondello, Tony Gondello, Ned Delmerino and Joe Boni-testified that beer and liquor Lad been delivered to them by Briggs's teams at various times, but that they had purchased the goods from Mike Keleher, agent of the Pittsfield brewery, and paid him for it, and that they had never ordered goods through Briggs nor paid him any money.
 Alfred c. Evans, to whom it was al- legged that Briggs made the ''direct sale. '
  would see the brewery agent and order five dozen bottles of ale for him, for medicinal use in his family. He was not acquainted with the agent, and made the request of Mir. Briggs, as he knew the latter had delivered goods from the brewery concern. Briggs con- sented, as personal favor, to deliver the order to Keleher and the ale was subsequently, delivered by Briggs's team. Evans then asked Briggs to take the money in payment and give it to Keleher, to whom Evans was still 8 stranger. and Briggs told him he had no right to accept pay for tho ale, as he was not an agent, but as an accommodation took the money and gave it to Keleher.
 Mir. Briggs took the stand and testified as to his transactions with the brewing company. He delivered their goods here, as an congressman, and received his pay from the company. He never took any orders for beer or liquor and never received pay for it from the consignees. The goods generally came freight pre- paid. He never "kept liquor with in- tent to sell" and never sold any. He had taken no slips from the shipper or consignee. for the goods delivered.
 Mike Keleher was called and identified the labels attached to the various pack ages of goods from his house.
 At the close of the testimony Prose cutor Williams made the opening argu- ment, 8 strong and foroeful arraign. ment, in which he held that the de- fendant had been guilty of direct viola tion of the law, in that he had delivered liquor in 8 no license town and constuted himself selling agent within the mean ing of the statute. and especially in the case of the transaction with Evans. He claimed conviction ou the ground that Briggs, as delivering agent, had not complied with the law requiring such agent to keep on file written orders from the purchaser. endorsed by the seller, for the goods procured, in &C., cordance with the law amended and ap- proved by the General Assembly of 1911.
 Lawyer Nickerson, in summing up foJ the defense, maintained that the prosecution had succeeded in proving nothing against his client. He reviewed the testimony in detail, gave definitions, interpretations and precedents. and cited authorities in support of his contentious. He ridiculed the attempt to make the Evans transaction assume the aspect of . direct sale, and paid a tribute to the honorable record of the defendant as a soldier and citizen, who. he said, was engaged in legitimate livery and ex- press business, and delivered all kinds of merchandise, baggage and express, regardless of contents. He was in no sense an agent of the brewery, and the specific offense of selling liquor in a no license town bad been charged against