Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-03-16
PORTLAND ITALIAN
= TO Be ARRAIGNED
IN AUGUSTA COURT
This Morning for Violation of
the Prohibitory Law at a
Camp in Manchester Last
Summer Where a Gang of
Italians Was Working on the
Highway

A case of more than ordinary interest
will be heard before the municipal court
this morning when one Giuseppe Pho OF
Portland will be arraigned to answer to
the charge of illegal sale of intoxicating
liquor, which charge is embodied in
warrant sworn out against him by Depu-
ty Sheriff A. r. Bucklin- OF Kennebec
county. Pho was arrested Tuesday in
Portland and after being taktn into Gus
tody by Deputy Bucklin furnished 500
bail for his appearance in Augusta this
morning. Pho was arrested at the open
ing session of the superior court for Cum
berland county while he was testifying in
his own defence in a suit for wages
brought against him by cne Luigi lin
ami Wednesdays Eastern Argus had
the following in relation to the case:
The arrest of Pho was in consequence
Of his own testimony while testifying in
his own defence in suit for wages
brought against him by Luigi Zfnanni
and brought out in support of tech
meal point of law raised for defence by
Attorney Raymond S. Cakes, counsel for
Pho.
1.-THE point raised by Attorney Cakes
was that as the agreement between the
plaintiff Zinann and the defendant Pic
was for an illegal purpose the contract
would not stand in law. inasmuch as the
plaintiff had been employed to sell intoX-
icating liquor in camp of Italian la
borers at Manchester in kennebec coun.
ty last summer.
1.-THE suit was brought by Luigi Zinan-
! nj a young Italian. against the Boston
Produce Co. which, it was brought out
in testimony. is managed by Pho, to re-
cover $193 for labor and services while
in the employ of the defendant.
"Zinanni testified that he had been for
a. time employed as a day laborer and in
addition had charge of a camp as 1t
was termed, where, other laborers were
sold bread. provisions and beer. A check
for 500 given Zinanni by Pho was intro
duced as having been accepted in full
I of all demands to the date of the check
The plaintiff testified that he could not
read or write English and could not I'M
derstand anything about the check other
than that it was money. He went to a
lawyer for information and learned that
the check was not for the full amount he
had claim due him. The witness stated
that his claim included SIS which he had
left on deposit with Pho. nine days work
at 81 day and wages for four months
at $25 a month. The four months wage
he stated was due him for taking charge
of "a camp where between 40 and 80
/
which is located between Augusta and
Winthrop, for seyerafs months last sum-
mer. During the four months in question
the plaintiff was employed in taking
charge of the camp and his duty was
to sell the stock in trade to the other
laborers. 1t was brought out in testimony
! that he had during that time turned over
about s11oO to Pho.
! 1t was on the claim for wages for
four months that the contention was
made by Pho who claimed that by
agreement Zinanni was to receive no
pay, but was to receive only his board
for his services.
| "Vicenzo Feroci. who up to last fall
was in partnership with Pho, called as
witness for the plaintiff. testified that
it was understood that Zinanni was
to be paid wages for his services. Fer
oci told of receiving a letter and tele-
phone from Zinanni regarding the lat
ter taking charge of the camp"
AT the conclusion Of the testimony
for the plaintiffs side Attorney Cakes
moved for a non-Suit arguing that as
the agreement was for intoxicants IN
violation of law, the suit would not
hold This brought out the fact that
the defence claimed that the beer sold
in camp by the plaintiff while en-
ployed by Pho. was Intoxicating. Attor-
ney John j. Devine opposing the mo-
ton for non-suit called attention to
the fact that it had not been shown
in any testimony presented by the
plaintiffs side that the beer was IN
toxicating.
Attorney Cakes as the case pro-
ceeded when the jury returned to their
seats, called Pho to the stand and Pho
stated that the beer sold in tine
camp" by Zinanni was Intoxicating.
The beer was ordered by Pho from
Portsmouth by express and upon ar
rival here was transhipped by express
to the plaintiff at Manchester.
/ "Two other witnesses were exam
ined regarding the agreement between
Pho and Zinanni to the erect tnat '"7
latter was to receive no wages.
| "A motion was Their made by Attor-
nov Cakes for a directed verdict on
the ground of illegally or the consul
Grafton of the contract.
Judge Connolly intimated that ne
would direct verdict for the de1eno-
ant with reference to the part LOT rs
coverv Of wages so far as selling peer
was concerned. of
| In commenting OIL the admission -
J,;o that the beer was htoAAeo'''e'
Judge Connolly remarked:
/; among other things TINS oei.''uan.
t,tes the stand and testifles II was
,ntoxicating liquor. The plaintif tes-
! tilted he sold beer He also !haue
one remark that lot OF Americans
como in there" The defendant takes
Tho stand and :estifies the beer ne
sent there was intoxicating, and IL Is
not rebutted. think l shall direct
verdict for the defendant OH this
item. and l think, Mr.. Officer. you
better take the defendant into Gus
tody and get in touch with the sherlH
49, .o,,,<1- anI send Pho down