Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-04-16
SUPERIOR COURT
B. 2. Bither Is Found
Not Guilty
Charged with Selling Jamaica Ginger
Not Properly labeIlsd-oardiner
Man Who Was Arrested for Drunk.
enness Chief Witness-Last Case
viii Be Tried Today

enness Chief Witnsss-Last Case
Y viii Be Tried Today
3. Earle Blther Of this city. who
was tried Monday in the superior
court on the charge Of selling Ja-
maica ginger in bottle not bearing
a proper label indicating the percent
age Of alcohol contained. was found
not guilty. The case was given to the
Jury few moments after o'clock
in the afternoon and the verdict was
reported at about 525. Judge Bene-
dict F. Maher was counsel for the re-
spondent.
4 The State based its case chiefly on
the testimony Of Arthur Billings uf
l Gardiner, who was arrested on March
is by Chief Of Police Wakefield Of
Gardiner for drunkenness when that
officer and Deputy Sheriff Robinson
Of Gardiner were searching the frui:
store Of Max Ellis of Gardiner on a
search and seizure warrant Billings
was arraigned in the Gardiner mu-
niCipaI court on the 18th and refused
at that time to tell where ne bought
the bottle Of Jamaica ginger that was
iUuIlu III MS IJOthet ne WAS SelllSllS-
ed to jail for 80 days. On March 24th
he told Judge Atkins that he bought
the Jamaica ginger Of Bither and
was released from Jail. He testified
that the ginger was contained i'll 4
medicine bottle marked in ounces and
bore no paper other than that IN
which Il was wrapped. On cross OK
animation by Judge Maher. however,
he admitted that he was not absn-
lutely sure that the bottle had borne
no label.
Billings testified that when he came
to Augusta TO buy the Jamaica gin
ger he had already been drinking :lnO
beer which he bought in Gardiner.
lie took the Jamaica ginger home. he
said. and drank part of it mixed with
uno beer and part he mixed with
hot water.
The first witness called by the State
was Prof Marshall +. Cram of Bruins
wick who testified that he had made
an analysis of the fluid sent him, and
found that it contained 70 per cent
alcohol.
Sheriff Z. y. Harwood testified that
County Attorney Fisher had given
him the bottle containing Jamaica
ginger to have the liquid analysed,
and Deputy Sheriff Buckley told Of
receiving the bottle from Sheriff Har-
wood ana taking it TO Prof. Cram.
Deputy Sheriff Robinson told of his
visit with the Gardiner chief of police
tu the Ellis store and the finding
there Of Billings III an an intoxicated
"a of
Ginger in his pocket.
The Defense
The defense's chief witness was
Judge Will G. Atkins Of Gardiner, be-
fore whom Billings had been ar
raigned for drunkenness. Judge At
kins said that when the bottle con-
tanning the Jamaica Ginger was intro
cuced in his court he noticed a gummy
substance on the outside; that he eX-
amined this under the microscope and
decided that il was paste. Billings.
Judge Atkins testified. stated at his
trial that lie got the Jamaica Ginger
at home and had had 1t there for some
time. Judge Atkins said that Billings
had been arraigned before him for
drunkenness three times previously.
Ernest L. Goodspeed, an attorney Of
Gardiner testified that he was present
at Billings trial and that Billings
had said that he got the Jamaica
| Ginger at home where he had had it
| for q long time-that he did not re-
| member where he bought it.
Bither Testfies
r E. Bither, the respondent took
| the stand early after the resumption
| Of the trial in the afternoon. He said
| that he had never seen Billings and
/ that he had no knowledge Of either
Of his clerks selling Jamaica Ginger to
| the man. The respondent said that
| lie kept Sanford's Ginger in stock but
that since last fall he had had no
| Jamaica Ginger in bulk. The San
| fords Ginger came plainly labelled. he
| said, and that which was in bulk he
| kept either in a glass-labelled jar or
| jug which was plainly labelled. He
| said that two styles of ilabelS We're
> used--a printed one, one indicating
SO per cent alcohol, and for the last
bulk Jamaica Ginger which he had.
which was 80 per cent alcohol, a blank
4 label on which the per cent of alco-
his orders to his clerks were that they
should properly label anything con-
2 tanning alcohol which they sold
Clerks Testify
Arthur Towle. a registered clerk at
Bither's drug store, said that he did
, not recollect having seen Billings or
selling him any Jamaica ginger He
, corroborated Mr.. Bithers testimony
in regard to the rules for Iabellin q
in force at the store.
q Wallace f. Curtis, another regis
tered clerk at the Bither store. He
said that he did not remember Bill
4 ings and did not on March Is or any
4 other day sell him Jamaica ginger
j unlabelled.
: Record introduced
Clerk Of Courts Charles w. Jones
y was called by County Attorney Fish
er to read from the court record
of indictments against Bither in 1915
and 1917 for common nuisance, to
which the respondent had pleaded
e not guilty, later to withdraw the plea
/ and file demurrers.
g Recalled to the witness stand by
the county attorney, Billings identi-
4 fed Curtis as the clerk from whom
:. he had bought the Jamaica ginger.
Billings testified that last Wednes-
UT