The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1921-06-14
COURT CONDEMNS
SEIZED LIQUOR
Declares Booze Taken Sum
day at M. Gissen's
Forfeited
GISSEN TRIAL is
SET FOR JUNE %
Still Taken at IL Valley Street Also For
feited and Observation-Disclosures Kursir
Pleads Not Guilty to Owning and
Possessing Still.

TleadS NOE Ouilty TO Owning and
Possessing Still
At the conclusion of hearing which
lasted from go o'clock until 6 o 'cloek
yesterday afternoon, Judge Frank ID.
Z. Stowe in the municipal court ad-
Judged that the liquor seized by officers
in the raid at Morris Gissens home on
Williams street Sunday night amount
ing to about five gallons, was forfeited
to the state and condemned
States Attorney Harold E. Whitney
called Sheriff Frank L. Wellman as the
first witness, and that officer told of
what took place in Gissen's house and
OF Gissen's concealing a gallon of liquor.
Attorney H. 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 r.
cupboard as he didn t want the officers
to take all he had
Gissen said he 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-
leved lie could prove if he had an OPP
portmity to have it analyZed, and he
said an analysis would show that it was
made recently
Policeman W. f. TYLER testified as to
what he saw at the Gissen place and
OF his calling the sheriff's attention to
the fact that he thought Gissen was hid
Before the court ruled on the con-
demnation proceedings State 3 Attorney
Whitney said he had another witness
who would testify that Gissen offered
| TO sell a quart OF whiskey, 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 Gfissen had the liquor con-
| trary to law.
Tie court oyerruled the motion and
declared the liquor forfeited and con-
demned At that point the witness
whom the state had sent for arrived.
and on motion of the states attorney
permitted the witness to testify, against
Attorney Barber's objection.
The witness was Herbert e. Pratt,
who said he was employed by DR.. y.
+. Lawton at the BrattleborO Retreat.
Pratt testified that two weeks ago (later
changing 1t to three weeks agOl he was
| in the Boston Fruit Market buying fruit
| for the Retreat when Gissen called him
aside and said he would sell him q quart
of whiskey for 50 or gallon for so,
| The witness said he was not satisfied
| that the quality was good and did not
buy He said that a 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
| ii. He never told anybody else, he said,
and never knew of Gissen Offering to sell
| to anybody else. Pratt said the proprie-
tors. Tom" and mike" were present
Attorney Barber called Pratt's attention
| to the fact that Thomas Naum and those
who were proprietors with him sold out
over six weeks ago, whereas the witness
| claimed ii was but three weeks ago that
they were present. Questions by At
| torney Barber along this line were car
| ried to such an extent that the court
ruled that the defense must not proceed
| further in that direction. Attorney Bar
Der took an exception to the ruling on
| the ground that 1T was an abuse OF dis
cretion and prejudicial to the interests
of the defense. The atmosphere in the
court was somewhat tense for a few
| moments. When the witness had fin
| ished, Attorney Barber asked permission
| to put on the present and former pro-
prietors of the fruit store to refute Mr..
| Pratt's testimony. but the court sand lt
| would make no difference in his finding
and ruled against the request, TO which
Attorney Barber took an exception The
court then adjudged the liquor forfeited
and condemned.
| A complaint against Gissen on the
charge of keeping liquor illegally was
continued to Tuesday. June 2S, and bail
| was continued at $500.
Edward Kursh of II Valley street.
who was arrested when the officers
seized a still at that place, whas then
| brought in. He disclaimed ownership OF
| the still, which was shown in court, aud
Judge Stowe ruled that it was for
feited and condemned.
| Kursh was then arrested by Sheriff
Wellman on the charge of owning and
| having i'm his possession apparatus for
making Intoxicating liquor contrary to
| law He pleaded not guilty. States At
| torney Whitney said he had just been
| Informed that the still was owned by
| former tenant who had moved away.
/ leaving the apparatus stored there, and
he asked for time to make an investiga
ton The case was continued without
date bail being fixed at $500.