Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-08-02
JAMES J. DuNDAS
OF TOGuS DISCHARGED
IN MUNICIPAL COURT
Tuesday Forenoon After Trial
On Two Charges, Search and
Seizure and Illegal Possession

Upon search and seizure charge
brought by Deputy Sheriff Henry E.
Emery Of Manchester, James ]. Dundas
of Togus was arraigned at the munich
pal court Tuesday forenoon. Attorney
Herbert E. Locke appeared for the re-
spondent.
Deputy Sheriff Emery testified that on
July 26 in company with Deputies Mar
shall Pomerleau and Waldo B. Judkins
of this city he went to Togus and search
ed Mr.. Dundas' shop. The outer door
they found locked and they broke In.
The room was described as a sort of a
store or shop. From there they went
into the kitchen, where Mrs. Dundas and
two old soldiers were. Deputy Sheriff
Emery found in the ashpan of the stove
two or three jackets for pint and half
pint bottles. Later they found in the
shed or barn on pile OF rags under
the stairs a half-pint bottle of whiskey
with a jacket on it, Mr.. Dundas was
upstairs in bed, sick and intoxicated. The
old soldiers were entirely sober but when
searched were found to have in thei.
possession three bottles of whiskey. One
soldier had half pint which was I'M
pint bottle and a pint bottle, the con-
tents of which were partly drank up
The labels on the bottles were all the
same.
The State summoned the two old SOL
diers, Octave st. Pierre and Patrick
Doyle, who testified that they did not
buy anything at the Dundas place and
they had not. st. Pierre said that he
procured his in Augusta and hadn't
opened it, Doyle said that he procured
his on the reservation through the agen-
CIV of another man. And he further tes-
tilted that he had neither bought nor
drank anything at the Dundas place,
nor had he ever.
Attorney Locke, counsel for the respon-
dent. asked the privilege of putting the
could make a motion and the request was
granted by Judge Lancaster.
Dundas said on the stand that he had
no store or shop and there was nothing
there for sale. nor had there been for a
wear or more. He kept no cigars. tobac-
20. nor. in fact, anything for sale. He
he had no cupboards in the house he used
tho counters to keep his pies and dishes
IN.
ITpon the testimony of Dundas. At
torney Locke moved to dismiss the
complaint on the grounds that it was
defective and did not contain the ne
cessary allegations for searching
dwelling house.
His motion was granted and the COM
plant was dismissed.
Deputy Sheriff Emery at once asked
for a. warrant for illegal possession
against Dundas and it was granted
Dundas was charged with the illegal
nossession of one-half pint OF whls-
kev intended for sale in the State in vi
olation of the law.
The testimony on the part OF the
State was the same as in the first part
of the trial.
Dundas took the stand and testified
that he had been on drunk for two or
three weeks and was sick IN bed when
the officers went out there. He admit
ted that the half pint was his and that
he had put it away so that his WIFE,
who was trying to sober him Off, could
not get it.
He was then taking medicine and he
had not drank anything that day nor the
day previous. He denied that he sold in
toxicating liquors and he said he intend
ed to drink what he had and not sell it.
Mrs. Dundas testified that she had
taken the jackets found in the stove from
Mr.. Dundas room and that she mad
them in her hands when the officers en-
tered and they must have seen them
She said that there was a FIRE in the
stove and she could have burned the
Jackets il she had wished to.
After an able and lucid argument At
torney Locke moved that the respon-
dent be discharged as there was no evi-
dence to hold him.
The respondent was discharged.