Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1919-12-25
and Brockenborough
Cases

Iouilu Sull'y OF perjury by a
Jruy at the last term of Essex
County Court he'd at Guildhall
on he fourth Tuesday of Octo-
Der, A. D., 1919 and sentenced
to pay a fine of $500. and to
serve not less than one wear
nor more than two years at
hard labor in the State Prison
at Windsor, Vermont.
Brockenborough was arrest
ed in 1918 charged with selling
intoxicating liquor in Brighton.
His case was tried in October,
OF that year in Essex County
Municipal Court before Judge
VIII Wright of Barton. The
states evidence tended to show
that Canadian Imperial whis
key was sold on the train run
ming between Montreal and
Portland, Me-, and that he whis
key was brought into Vrmont
by Mullins, who was a conduc-
tor on the Grand Trunk Rail-
road. The state alleged that
the whiskey was hidden in the
parlor car of the train and that
Mullins through Brockenbor-
ough sold he whiskey to a news
boy who peddled it to passeng-
e1s on the train selling it for
high prices, sometimes SIS a
quart.
At the trial Mullins testified
in Brockenborough's defense
that neither he nor Brockenbor-
ough had ever brought any IL
Quor into the United States, par
ticularly in Maine, New Hamp-
shire and Vermont nor that he
(Mullins) had ever had any Ca
madam whiskey in his room at
the Congress Square Hotel in
Portland, Me. In this testimo-
ny, it is alledged, that Mullins
committed perjury, Brockenbor
ough was acquitted of the
charge against him. At the
same time there was case a.
gainst Mullins for furnishing
liquor and the case is still a.
gainst him.
! Mullins was brought before
the customs house officers for
examination on the charge
smuggling. Brockenborough
acquittal caused the attorney
general and the states attorney
to suspect there hao been a
miscarriage of justice in the
case and it was suspected Broc-
kenborough's acquittal was
due to the perjured testimony
of certain witnesses. AS a con
sequence the attorney general
ordered an investigation to be
made. Detectives were set to
work on the case and Mullins
arrest followed.
States Attorney Clare R.
Powell immediately filed an in
formation charging Mullins
with committing perjury. Mul
Inns went to trial 1T the October
term of court at Guildhall.
After a hard fought trial in
which some Of tie state S most
able attorneys took part, Mul~
Inns was found guiIty by q Jur..
States Attorney Powell asked
for an immediate sentence.
The states evidence tended
to show that Mullins did fur
nish the Canadian LIQUOR in
Portland and that he did have
it in his room at the Congress
Square Hotel in that city.
The case has been of great
interest to the legal fraternity
of the state for two reasons.
tirst because a perjury charP
is one of the most difficult kind
of crime on which to convict a
man. The other reason is that
it has been apparent at some of
our larger trials that the sane
tity of an oath is to often disre-
garded.
States Attorney Powell is re
ceiving the congratulations Of
MS lawyer friends for his tire
'ess energy and skill in secur-
ing conviction in such a diff
cult case.
J. Rolf Searles of st. Johns
bury, VT, was assigned by Gov
ernor Clement to assist the
States Attorney in the trial of
this case.
Mittimus on the above case
was styed for some time and at
an adjourned term of Court
which convened on December
9th, Mullins was again brought
before the Court and plead gull
ty to selling liquor in Brighton
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