Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-06-12
nap. R0DERlQUE
FOUND NOT GUILTY
IN A LIQUOR CASE
Arraigned on Charge of Illegal
Possession But Evidence In
troduced Fails to Support the
Claims of Prosecution

Napoleon Roderique, who was arrest
ed Thursday forenoon on a warrant
sworn out by Deputy Sherln Edwaru
F. Rice and charging him with illegal
possession Of intoxicating liquors, was
arraigned Friday morning before
Judge Lancaster of the munlclpal
| court. Roderique was represented py
Burleigh Martin and entered a plea OF
not guilty. From the nature OF the
evidence introduced the court could
find no grounds upon which to hoio
the respondent and accordingly ordered
his discharge.
Following the opening Of the case
the complainant. Deputy Sheriff Rlce'
testified in effect that at O'CLOCK
Wednesday afternoon he, accompanied
by Deputy Sheriffs Pomerleau ana
Nash, went to the house numbered
Laurel street; that they went upstairs
and in one of the rooms on that moor
found trunk, the same being locked
that Deputy Pomerleau then went
down stairs to get the key to the trunk,
which belonged to a son Of the re-
spondent; that the young man would
not produce the key until satisfied
that the officers had a search warrant
Deputy Rice further testified that
Pomerleau having secured the key the
trunk was opened and that under the
tray in the trunk they found two pint
bottles and two half-pint bottles OF
Whiskey; that in another room an I'M
locked trunk was found, in when was
tin tunnel of the right size to be used
in filling pint and half-pint bottles;
that in another part of the house they
found a gallon jug and a two-gal-
Ion jug; that about the kitchen sink
and other places were found clean bot
ties of the pint and half-pint sizes.
and on shelf over the sink were
found number of new cork shoppers
to fit bottles Of the two sizes men
toned above; that in a closet off the
kitchen they found pint bottle
partly filled with Whiskey and wrap
ped up in some clothing. 1t also came
out in the compliments testimony that
gallon jug Of whiskey had been
received a short time ago, addressed
| to the owner Of the trunk in which the
four bottles of whiskey were found.
| The defence was that the respond
ent was at work every day, leaving
the house at O'Clock in the morning
and not returning until night; that he
did not rent the tenement which he
occupied-that his son Ernest rented
it; that the half pint bottle partly full
which had been found in the closet
! belonged to the respondent. that he
purcha sed it for SIS cents for his own
use; that he bought a half pint of
whiskey every day:and drank it; that
the whiskey found rim the trunk be-
longed to the son. who owned the
trunk, and was part of a gallon
which he had received May 81 in a
jug; that he had told Deputy Sheriff
Pomerleau that the whiskey was COM
ing and that the latter had said that
ing to sell any, that last Saturday
the son who owned the whiskey had
drawn it from the jus into pint and
half pint bottles, and that no one had
had any except himself; that previous
TO the day on which he drew the Whis-
key from the jug into the bottles he
had been in bed for two weeks, the
doctor having told him that he ought
not walk. The respondent, when asked
~ the court regarding the wo-gallon
jug which had been found, said that
! it had contained vinegar, and when
asked in connection with his statement
that he bought and drank a half pint
Of whiskey every day, what he did with
the accumulation Of bottles, he could
not grasp the meaning of the word
Accommodations nor could IT be explain
| eG to him, and the effort was given up
After an earnest and able plea by
the counsel for the respondent the
| court ruled that whereas the whiskey
in tire two pint and two half pint bot
| ties had not been shown to have been
| in the possession of the respondent at
any time, nor that ne had at any time
had control of it, no grounds could
be found on which to hold him guilty,
and ordered his discharge.