Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1921-06-17
STILL AND LIQUOR
SEIZED In RAIDS
Four Officers Visit Five Places
on Warrants
Quantity at Morris Gissen's Condemned
Still and Utensils at IL Valley Street
and Arrest Made.


Still and Utensils at IL Valley Street
and Arrest Made.
Five Brattleboro houses and adjacent
buildings were searched by officers Sun
day night on search warrants issued Sat
urday afternoon by States Attorney
Harold f. Whitney, and their efforts
yielded one still and several containers
of liquor. The officers were Sheriff
Frank l.. Wellman and his son, c. G..
Wellman, Deputy Sheriff Il. "A. White
more of Guilford and Policeman w. T..
Tyler.
The largest haul was made at the home
of Morris Gissen, a junk dealer at 104
Williams street. There the officers found
three gallon jugs, one two-quart jug,
four quart bottles and one decantcr full
of liquor and one quart bottle partly
filled. The decanter was in a sideboard,
the bottles in the pantry and cupboard
and the jugs down cellar. One of the
jugs was not found until Mr.. Gissen,
after being told by an officer that he
would be handcuffed if he did not pro-
ducc it, climbed up in the cellar and
produced it from behind some automo-
bile tires. The officer believed Mr.. Gis-
sen had hidden some liquor
Mr.. GisScn was arrested and was
brought to police headquarters. Later he
was taken before Municipal Judge Frank
-. Il. Stowe at the latter's home in West
Brattlcboro and admitted to bail in the
sum of $500 for his appearance in court
today, G. IIcrtzberg becoming surety for
him.
In court that forenoon Attorney H. G.
Barber appeared for Mr.. Gissen and en-
tered a plea of not guilty to the charge
of violating section 4 of No. 204 of the
acts of the last legislature. relative to
the manufacture. sale. transportation
npSSpsSinp nnI hnynpnUn of intn 100 +
ing liquor.
Attorney Barber. acting for the re-
spondent, said he claimed the liquor and
admitted it was Intoxicating, and the
case was continued until > o'clock that
afternoon for hearing to determine
whether the liquor was in Mr.. Gisscn's
possession legally.
At the house at 3OS South Main
street nobody was at home and the Off
GERS did not know the name of the oc-
cupant of the place, the warrant being
of the John Doe" variety. They
found one bottle of beer and quantity
of empty bottles.
They searched the premises at - Val
ley street and found a still and utensils
but no liquor, They arrested Edward
Kur%h, who was placed in the lookup.
\ search was made at ) Hunt avenue
but no liquor was found there.
AT 81 South Main street the officers
found no liquir, but a boiler which the
officers thought at some time apparently
had been used in connection with still
was found smashed.
At the conclusion of q hearing which
lasted from $50 o'clock until o CLOCK
Judge Stowe adjudgcd that the liquor
seized was forfeited to the state and con-
dcmncd.
The state called the sheriff as the
first witness, and that officer told of
what took place in Gissen's house and
GlSgpn n ruII n al
Attorney II. G.. Barber for the defense
put Mr.. Gissen on the stand, and the
latter denied that he hid any liquor,
but admitted that he put it back of a
cupboard as he didn't want the officers
to take all he had.
Gssen said lie bought the liquor in'
Springfield, Mass, before the Nolstead
act went into effect, but he couldn't
tell the name of the dealer of whom he
claimed to have bought it. He said some
of the liquor was whiskey, some brandy
and some mixed. States Attorney
Whitney said the liquor very evidently
was of home manufacture, which he be-
licvcd he could prove if he had an OPP
portunity to have it Analysed and he
said an analysis would show that it was
made recently.
Policeman W. Z. Tyler testified as to
what he saw at the Gissen place and
of his calling the sheriffs attention to
the fact that he thought Gissen was hid
ing some liquor.
Before the court ruled on the con-
demnat ion proceedings State Attorney
Whitney said he had another witness
who would testify that Gissen offered
to sell quart of whskey, but before
the witness arrived Attorney Barber
moved that the court order the liquor
returned to Gissen, claiming the state
had not produced any evidence what
ever that Gissen had the liquor con-
trary to law.
The court ovcrrued the motion and
declared the liquor forfeited and con-
demncd At that point the witness
whom the state had sent for arrived,
and on motion of the states attorney
the court struck off its Judgment and
permitted the witness to testify, against
ATTORNEY Barber's objection.
The witness was Herbert II. Pratt,
who said he was employed by DR.. =.
f.. Lawton at the Brattlcboro Retreat.
Pratt testified that two weeks ago Qater
changing it to three weeks ago. he was
in the Boston Fruit Market buying fruit
for the Retreat when GsSen called him
aside and said he would sell him quart
of whiskey for 81 or gallon for So
The witness said he was not satisfied
that the quality was good and did not
buy. He said that Il week later he met
Policeman Tyler and told him of Gis-
sens offer as he thought the officers
ought to know about the traffic and stop
it. lie never IOlu anNDouN tlN'' Nv SAM
and never knew of Gissen Offering to sell
to anybody else. Pratt said the proprie'
tors, "Tom" and Mike were present
Attorney Barber called Pratts attention
to the fact that Thomas Naum and those
who were proprietors with him sold out
over six weeks ago. whereas the witness
claimed it was but three weeks ago that
they were present. Questions by At
torncy Barber along this line were car
ried to such an extent that the courl
ruled that the defense must not proceed
further in that direction. Attorney Bar
Der took an exception to the ruling or
the ground that it was an abuse of dis
erection and prejudicial to the Interests
of the defense. The atmosphere IN t tn,
momnnts When the witness had fin
ishcd, Attorney Barber asked. permission
to put on the present and former PRO pre-,
prietors of the fruit store to rctutc mr.
prott's testimony, but the court said i
would make no difference in his findinii
and ruled against the request, to wh me,
Attorney Barber took an exception; IN
court then adiudged the liquor forfeited