Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-05-15
Joseph Taylor and Ned Rathey
Arraigned Friday on Search
and Seizure Charge, Get Jail
Sentence
BOTH ENTER AN APPEAL
AND FURNISH BONDS
Sheriff Getchell Says He In
: tends to Stop the Selling Of
Old Cider if Law Will Do 1t


the municipal court was furnished by
two cases in which the charge was
search and seizure and which grew out
of visit Thursday by Sheriff Getch-
ell and Deputies Bucklin Of Litchfieid,
Rice of Augusta and Nash of Vassal-
boro to the town of Mt. Vernon In
search Of old cider, which it is claim
ed is sold too generally for a beverage
in that quiet town. That the search
was successful will be seen when the
statement is made that the quantity
of fermented juice of the apple which
was seized was contained in 20l9 bar-
rcls.
OF the cider seized II barrels and a
half barrel were found at the house
of Joseph Taylor, and nine barrels at
the house Of Ned Rathey, and the two
men when arraigned in court at IL
o'clock Friday morning were repre-
scented by Ernest l.. Mclean OF the
firm of Williamson, Burleigh 4 Nc
Lean. County Attorney W. H. Fisher
appeared for the State. By advice OF
their counsel both respondents enter
ed a plea Of not guilty.
The Taylor case was heard first, and
It developed early in the hearing that
at the time that the sheriffs visited his
house he was not at home and that
the cider which the sheriffs got was
procured by the respondents father.
Deputy Bucklin's testimony was in eff
feet that the old gentleman came out
of the house with two glasses and a
pitcher ard going to the cellar drew
some cider, which the deputies SAM
pied and then said it was all right,
whereupon Mr.. Taylor drew some in
the pitcher, the cider being drunk by
the deputies; that Deputy Bucklin paid
MIR. Taylor Is cents for the cider. The
testimony Of the other deputies was
mainly corroborative Of that given by
Deputy Bucklin. The cross eXamina-
ton brought out the fact that the re-
spondent was not at home at the time
of the seizure Of the cider. The respon-
dent put in no testimony.
The argument of the defence was
that the State had not made out a
case as Joseph Taylor, the respondent,
had net been connected with it in any
way, but the court found the respond
ent guilty, and imposed a sentence of
800 and costs and so days in Jail, and
in default Of payment Of fine and costs
co days additional, from which an APP
peal was taken and bonds furnished in
the sum of 5000 for appearance at the
September term Of the superior court.
In the case of Ned Rathey the tes-
timony Of Deputy Nash tended to
show that the respondent hesitateG
when asked to get the cider but after
being assured by Deputy Nash that
il was all right, he took two-quart
dipper and went and got some cider,
after which the deputies drank some.
that Nash asked the respondent how
much the cider was, to which ques-
ton the latter replied that it was Is
cents; that Bucklin gave the respond
ent a quarter Of a dollar, and that
when the latter said it was too much
the deputy replied that it was all
right.
In the course Of Deputy Bucklin's
testimony he said that he went out
to the respondents milk wagon and IN
it found four "long-neckers" with a
little cider in them.
The respondent took the witness
stand and denied that he sold cider or
sold anything; but that he gave the
deputies some. but that they gave
him no money. He further said that
UP to a year ago this spring he had
sold cider but since being notified by
Deputy Sheriff Gilman Of Mt. Vernon
he had not sold any. On cross-exam-
;,a+ior u.hen asked about the hotties
found in his cart he said that he had
found them beside the road, and had
used them to- take cider with him to
his work in the field. When asked
about one Of the barrels which had
been taken at his place, which barrel
was about thirds full and had a
faucet in it, his explanation was that
he had used it himself.
The defence claimed that the Off
GERS went to Rathey's place for the
purpose of inducing him to violate tho
law by selling them cider, but thai
he refused and did not sell them any.
The court however found the respond
ent guilty and imposed a similar SEN
tence as that in the Taylor case. An
appeal was taken and Rathey FUR
nished bonds in the sum Of 5000 for
appearance at the September term bf
! court.
Other business before the court was
one case Of intoxication, in which the
respondent was given sentence OF
S. and costs or 80 days in Jail.