Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-10-01
SUPERIOR COURT.
mot Guilty" the Ruling Verdict
of Wednesdays Session
Final Adjournment Is
Expected Friday

The second successive case upon
which Judge Beane has been able to
instruct the jury to return verdict
OF not guilty in the present session of
the superior court was that of the
State vs. Charles Bangs Wednesday
morning. The evidence upon which
MIR. Bangs was arraigned was that of
larceny of honey. The evidence
brought out disclosed the honey i'll
question to be wild honey. The COM
plainant alleged that he had lined a
bee to certain tree, had marked the
tree, and therefore had a right to the
honey. But the tree was on another
mans land, which led the complainant
\. w. Thompson, to seek the owners
consent tO his cutting down the. tree.
This consent was aianteG and being
Industrious anA DESTROYS of securing
his honey, MIR. Thompson prepared
himself for the operation of Telling
tree and set out. But upon reaching
hiG destination the tree was not
standing; it had been cut down, and
its store of honey had been taken. The
disappointment of the complainant, it
need not be said, was complete. How
ever his ability TO act was in no wise
stanted, and the case of the State VS..
Charles Bangs was instisated. In the
ahse1.ce OF Evidence denoting any
claim to the previously mentioned tree
and honey as to justify the complain
ants contention of ownership at the
time When the tree was cut and its
honey taken Judge Beane instructed
the jury 20 return a verdict of not
guilty" Mr.. Bangs, the respondent,
was represented by Melvin Sawtelle.
In the case of the State VS.. Alfred
McMcar the prosecution was conduct
ed by County Attorney Fisher and
Melvin e. Sawtelle appeared for the
respondent. The charge upon which
MIR. McMear was arraigned was that
of illegal possession OF Intoxicating IL
qnor to the amount OF seven pints of
wkislley. The contention of the de-
fans" was that the whiskey was for the
personal use Of the respondent. The
jury returned verdict of mot guilty"
The third case of the day in which
MIR. Sawtelle successfully defended his
client was that Of the State VS.. Ed
die Barney, from whom 10 quarts of
liquor had been taken by Deputy Sner-
if Nash last May and who was ar
raigned or the charge of illegal pos
session. The prosecution was carried
on by County Attorney Fisher and its
contention was that the whiskey TAX
en- from Mr.. Barney was intended to
have been sold either BY the respon-
dent himself or by his employer,
Charles Sturgis. This was denied by
the defence and the claim that the
LIQUOR was for the personal consump-
ton Of the respondent was submitted.
Evidence that this might be proba-
bio use to which the spirits would
have been put was submitted by
Judge Lancaster's reading of the rec
ords Of the municipal court which
showed 10 appearances of the respon-
dent since April, 1912, before that tri-
hunal on the charge of intoxication. a
verdict of mot guilty" was returned
by the jury.
Tho sentence of Howard Drake of
Manchester, who was Monday found
guilty cheating under false pretences
was announced "Wednesday just be-
! fore the conclusion of proceedings for
the day. His sentence of 10 months in
Jail at labor and a fine and costs
amounting to s25 was suspended and
Mr. Drake was placed on probation
upon the payment of costs. During his
probation he must, moreover, make
free and clear title of the steers which
| he sold to Mr.. Blake of Halloween,
upon which at the time of sale there
was an existing mortgage.
At little before 4 o'clock in the
afternoon Judge Beane excused the
members of the jury of the present
session. In his remarks he informed
them that in general their verdicts had
! been in strict accord with the testi-
rnony and only in very few Instances
should he consider that this was not
SO.
With the dismissal of the jurymen
! the September session draws near lts
close. 1t is expected that final ad-
icurnment will probably be reached
] Friday next.