Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-09-11
SUPERIOR COURT.
Esiebsn HigueraAnaigned
! On Nuisance Charge
CaseCons uTncs MOSiOt Wednes-
day Session. Acquitted.
Herbert P. Yeston Found Not Guilty
On vagrancy Charge.


gucra of Hallowell, indicted by the
grand jury on common nuisance
charge, consumed the greater part of
the day, Thursday, in the superior
court Benedict L. Maher and Mel
Vim Simmons conducted the case for
the respondent, while County Attorney
Fisher handled the case for the State
The first witness called by the State
was Deputy Sheriff Emery, who as
sisted in the search a the Higuera
residence. Aug. Sth. Witness stated
that in consequence Of several COM
plants, he, in company with Deput,
ssheriffs Buekln and Lewis. searched
the premises of Higuera. Witness fur
Their testified that he entered the front
entrance, while the other two deputies
went to the rear of the house. Deputy
Sheriff Emery had been in tho house
but a few minutes in search of con-
traband goods when one Of the lady
occupants of the house handed him a
eallon Jug containing about two quarts
of whiskey, stating that they the oc-
cnpants Of the house. used the liquor
far their own private Hse. Witness
testified that he found no other liu-
uors about the premises, but saw on
a dump directly back Of the house.
some six or seven jugs, two of which
We're unbroken, while the remaining
Jugs We're broken. That tho jugs look
Cd as though they were recently put
there Witness was positive. Sheriff
Emery also testified that he had
seized quantity of liquor consigned
f. at ia
pot at HalloWell.
Deputy Sheriff Bueklin WIS the next
witness, his testimony being practical
ly the same as Sheriff Emery's Sher-
im Lewis testimony corroborated the
t. testimony of the two preceding wit
nesses. Freight Agent Douglass of the
Maine Central station at Hallowell
was the next witness called by the
State. He testified that Higuera had
been in the custom of having liquor
GENE to the station. When asked as
to how many barrels of beer had come
to his knowledge, he produced three
bills, as evidence of three barrels haV-
ing come.
Mrs Ida Brooks, who lived in the
other side of the tenement of the Hi
ing on in the HiSuera apartments. She
had heard the people singing, dancing
and playing cards at late hour, and
that the noise had prevented her from
sleeping. AT this point the State rest
ed its case.
Attorney Simmons opened the case
fer the defence. stating clearly the
contentious that the defence would
prove. Higuera, the respondent, was
the first witness called From the fact
that he is a Spaniard it was necessary
to employ the services of an inter-
prefer. Witness stated that he had
had three barrels of beer come, but
that he could not remember the ex
act dates on which the eonsignments
arrived.
other witnesses were called by the
defence whose testimony was largely
the same as that of the respondents.
Tie main contention of defence was
that tho liquor was for the private use
of the family. that it was customary
for foreigners to use intoxicating liz
uor as freely as Americans do tea
and coffee, that it was their custom,
always had been, and probably always
would be. The defence further went
on to show that there was no evil
dence in the case that tended to show
that the respondent had ever sold
drop.
The case was quite long and drawn
out ana created considerable amount
of interest. 1t was 3,45 when Attorney
Maher began his plea, which was pre-
scented cleverlY. Taking each PROPOSE
ton, each contention, that the prose
cution had offered he proceeded to en-
deavor to pick it to pieces. He argued
forcibly the custom of the foreigners
in regard to their use of liquors, as
contrary To that of the American peo-
pie. Two barrels of beer a month. OF
80 bottles seems quite an amount, Mr.
Foreman and gentlemen of the jury,
for a family to have for their own
private use, / will admit" said At
tornev Maher. 1t certainly seems
large, but these witnesses have told
you that it WAS their custom to CON
sumo enc or two bottles per day. Fig
urc Il for yourself, 240 bottles divided
by 80 days in a month makes it eight
bottles a day. 1t has been stated that
there We're four children in the fam
lily. 81 of whom drank more or less
beer. We viii omit them, taking the
four adults in the family, which makes
it two bottles person. / assume that
fisuera drank more than two bottles
on some days and that possibly the
women had but one declared Attorney
Mahar.
At the conclusion of Mr. Makers ar
sumeat County Attorney Fisher com |
nencod his plea in behalf of the State. |
n which he very ably presented his
.osc, bearing heavily on the fact that
he amount of liquor which Hieuera
lad had come at different times was
90 largo quantity to have for per-
onal Use.
The case was given to the Jury, at
IA. In 80 minutes a verdict of not
,uilty was returned.
State Us. Herbert P. Yeaton was the
ext sase called. The respondent was
epresented by Attorney Simmons.
Officer Charles Witham of tie Au-
usta Police force and Judge S. S.
of the municipal court were
he Only witnesses for the State. Judge
lancaster proved to be the star wit
ess. Both witnesses testified as to