Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
First Case Of Kind Heard
Before Portland Conn.,.
Involves Shipment Of Liquor
| From One State 10 Another.


| Portland, Me-, July 4.-Neyer be-
fore. so far as the records show, has
there been violation of Section $40
of the Penal Code. that involved just
the same combination of circum-
stances that surrounded the case of
the United States against Timothy
Mulkern, heard before U. S. Commits
sioner William M. Bradley, Thursday
forenoon.
The section referred to deals with
the shipment of liquor from one state
to another. There have been viola
tions of the law, when the packages
| have not been properly marked, but
/ so far as known, no violation such as
I is charged in this case where the liq-
ours were concealed in trunk and
a suit case. Mr.. Bradley had no
preeedents to govern him in making
his decision, for careful search OF
all records showed no parallel case.
| He found probable cause against the
/ respondent and ordered him to recog-
nize in the sum of $500 for his APP
/ pearance at the term of the u. S.
| District court to be held in Boston
on the second Tuesday in September.
| As will probably be remembered,
| the liquor in the case arrived in Port
| land on the morning of June IL and
was shipped from Boston on June 10.
1t was seized by the deputy sheriffs,
| Mulkern was held for illegal posses
sion, but the case was later mol pross-
ed. He was again arrested, last week.
| che ND bo
| leaving the courtroom, he was at once
| taken into custody by Deputy u. S.
Marshal Smith for alleged violation OF
| the Penal Code. An arrangement be-
| fore Commissioner Bradley at once
| followed Mulkern pleaded not guilty
and the case was continued until yes
terday, when Commissioner Bradley
| rendered his decision.
| In Section 240 of the Penal Code. it
| is provided that whoever ships from
ore state to another any packages of
| spurious, yinous, matted. fermented or
other intoxicating liquor. unless such
be SO labeled on the outside cover as To
show the name of the consignee, the
nature of it's contents and the guam
| tity contained therein. shall be fined
not more than 5000, and such liquor
| The hearing in the case, yesterday.
| is sure To attract no end Of interest
| for the transportation of liquors from
Massachusetts To Maine by a person
wanting the liquors for his own use.
| was raised as one of the elements IN
| the case.
| Three witnesses testified for the
prosecutions. Dana Mcintyre, assistant
baggagemaster on the steamer Bay
] State, On which the liquor was shipped,
| testified that, on June 10, Mulkern
came to the wharf at Boston and
checked a trunk and suit case which
| the witness identified as the trunk and
suit case seized by Deputy Sheriff
| Doughty upon the arrival of the boat
| in Portland. The witness further tes-
| tilted that neither package contained
any label showing its contents.
Deputy Sheriff Emerson II. Doughty
testified to the Selling of the trunk ana
| suit case. He said the former contain
| ed two 5-gallon kegs of whiSkey and
| the latter was filled with Bottled IL
uuors of various kinds. The suit case
| and contents were produced and iden-
| titled
Deputy Sheriff c. Dwight Stevens
| produced samples of the contents of
| the trunk and further testified that no
clothing or other effects were contain
ed in either trunk or suit case.
| Neither Mulkern nor any other wit
ness testified for the defense
In arguing for the defence. Wilbur Z.
i WheIden, counsel with John B. kehoe Tor
/ the defence, declared that the statute
did not cover the facts as testified to'
| he said it was intended to cover the SNIP
| ment of freight, express, etc., ana not 10
| cover cases where the owner accom-
panied the goods. He argued that IL ,he
| statute covered this case 1t would pre-
| vent any person, coming from BOSTON,
from bringing, in his grip, bottle OF
liuuor for his own use.
Assistant u. S. District Attorney Ar
/ thur Chapman argued that the nhea"ii's
l Of this law was to ascertain It's ieoos-
| nized intent, and the usual meaning =,
the terms used therein. He pointed ou'
that the intent of the statute was 70 sHe
notice to the State officials OF all snip,
ments of liquors, in order that they m'sn'
| investigate whether they were iesai Vi
Illegal. .a,,o.
i Attorney CHAPMAN quoted from staiio'
Il -. a,o+;onaries to show that the term
..shipment' or 'ship" means 10 uehVei
for transportation, and that It maze ~
a;ffsrence whether the respondent had the
shipment made as freight or passass
He argued that the amount OF the iipuo.s
and the fact that no personal effects were
contained in the trunk and SUIT oass
showed that it was commereiai ua..
saction and not simply an ihcieeh' ~
the respondents trip.
with this view, Commissioner
oo,rc;ded and found propaple
against Mulkern. He ordered the respo .n
de,,t 70 recognize in the sum OF soVV ~,
his appearance at the septemper tern ,ara !
poston since it was there that the aiieseo
a.,ca was committed.