Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-09-30
SUPERIOR COURT.
Disagreement in Case of State
VS.. James RObinsOn-Sev-
eral Liquor Cases Are Dis
posed of

The Tuesday session of the superior
court opened with the inspection of the
sealed verdict returned by the Jury on
the case State VS.. James Robinson. The
jury had been unable to agree and the
case will have to be tried again, prob
ably "wednesday.
In the case Of state VS.. Odilon Butler.
of Waterville the prosecution was car
ried on by County Attorney Fisher and
the respondent was represented by w. r.
Pattangall. The charge upon which Mr..
Butler was arraigned was that of keep
ing drinking house and tipping shop
on and prior to Feb. 81 1914. The case
seemed to hinge upon the testimony of
Deputy Sheriff Nash of Vassalboro, who
stated that ne had witnessed drinking
of Intoxicating liquors in the establish
| ment of the respondent and had purchas-
ed one half pint bottle of whiskey there,
which whiskey was exhibited in evidence
Mr.. Pattangall ably defended his client
by maintaining that the evidence of Mr.
Buffers maintaining tippling shop was
insufficient and County Attorney Fisher
forcibly asserted that the evidence pre-
scented was fully sufficient for a verdict
of guilty on the indictment in question.
After the jury had been out nearly two
hours a verdict of guilty was returned
and the respondent was sentenced to pay
SIPS, fine and costs. and to serve go days
in Jail, with 60 days additional in default
Of payment. Exceptions were filed by Mr.
Pattangall and bail to the amount of $500
was furnished in sureties by DR.. ]. E.
Poulin and Arthur Butler, both of Water
Vile for the prosecution of these excep-
tons
william Mcdonald was found guilty of
habitual drunkenness and vagrancy in
the city of Gardiner ana evidence of his
appearing no less than six times before
the municipal court there and of serving
an aggregate of over 300 days in jail
within the last two years was submitted.
He was committed to the county Jail
for 90 days. County Attorney Fisher ap-
peared for the State and Samuel Titcomb 4
dor the respondent.
In the case of State VS.. William McCaf-
ferry, County Attorney Fisher conducted
tho prosecution and the respondent was
represented by walter M Sanborn. The
evidence brought out in the case showed
that on April 80 last Mr.. McCaffery had
received and taken from the Office of the
American Express Co a box which upon
inspection at the city building contained
10 quart bottles OF whiskey. At the time
Mr. McCaffery was engaged in carrying
on a fish peddling business which fire.
quently brought him into Augusta, and
on the 30th of April ne was driving his
wagon up Water street when he was in
formed by an officer at the corner of
Court street that he was wanted by the
city marshal. Upon reaching the munie-
ipal building the box containing the
whiskey was taken from his wagon and
he was placed under arrest. He appear
ed before the municipal court on the
same day and the result of his trial
brought the case to this session of the
superior court, Testimony bore out the
as he himself stated, drank every day;
and none of the witnesses were able to
say that they had any knowledge OF his
ever selling any liquor.
The Indictment upon which Mr.. Nc
Gallery was arraigned required that he
be found guilty of intent to sell the 10
quarts of whiskey In question, and at
the conclusion Of the estimony, in his
instructions to the jury, Judge Beane
stated that this was one of tht few cases
where he had been able to give definite
instructions to a jury upon their verdict,
and that since no evidence had been sub
mitted to prove the intent to sell, on the
part Of the respondent, ne would ask the
foreman of the jury TO return a verdict
of mot guilty"