The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1921-01-06
Jury |ND|CTS 10
IN FEDERAL CASES
Judge Howe Imposes Fines
of $500 Each Upon
Four Today
PETIT JURYMEN
NOT TO REPORT
Business of Term Finished This Fore
nOon-BaiI Aggregating $1,000 in Five
Cases Declared Forfeited Several
Going to Jail.

nOon-Bail Aggregating $1,000 in Five
Cases Declared Forfeited - Several
Going to Jail.
( Four respondents were fined $500 each
in the United States district court in the
federal building this morning by Judge
Harland B. Howe. and bail aggregating
81 900 in the eases of five respondents
who failed to respond when their names
were called was declared forfeited. The
forfeiting of bail. however, does not re-
lease the respondents from liability to
arrest Eight of these cases were for vio-
lations of the Volstead act by smuggling
liquor across the Canadian border into
Vermont. and the other was an immigra-
tion case.
When these cases were out of the way
United States District Attorney Vernon
y. Bullard announced that he had no
further business to come before the court
at this session. The petit jurors who had
been summoned to report next week for
the trial Of jury cases were notified not TO
appear. and the session ended.
/ All the respondents who were fined for
rum running said they could not raise
money enough To pay their fines, and
Judge Howe directed that they be con
fined III the Windham county jail at New
fame.
The Yolstead act * such that the court
cannot give alternative sentences for
working out the fines. but in case a fine
is not paid the respondent goes to Jail,
where after 30 days. he may make appli-
. cation TO take the poor debtors oath. He
IS then taken before United States com
missioner and if the commissioner Is salts
. fed that fbpTp iS nO WAY of obtaining the
fine the prisoner is released otherwise he
IS returned to Jail. In case of his release.
however he may be re-arreSted whenever
it appears that he might be able TO pay
the fine.
The grand jury late yesterday afternoon
finished its work and reported 10 indict-
ments. District Attorney Bullard made
very complimentary remarks today con-
Ceruing the ability of the grand jury,
Yesterday afternoon Joseph l.. BuergOt
of pawtucket. X. j., pleaded guilty, on
advice of Attorney +. W. Gibson. 10 the
charge of violating the Xolstead act be-
ing one Of Il party of several connected
with the ease and he was fined SO.
George +. BOYLE of Mcthuen. Mass.
was the first respondent called this
morning. Not more than n minute was
consumed in disposing of his case.
Clerk Conlin told him that he was
charged with violating the national pro-
hibition act. and Boyle pleaded guilty
4
court that on Nov. 2S of last year Al
+ quarts of whiSkey were taken from Boyle
which had been Smuggled in from Can
ada and placed aboard Il train. The
court fines him $500" announced Judge
Howe. What is the next case?"
Attorney T.. W. Gibson of Brattle
borO. whose advice had been sought by
l'hilbert Martin of New Bedford. Mass.
who was charged with smuggling in
liquor from Canada and who had been
advised to plead guilty. announced to
the court that the respondent was miss
ing. He said he told Martin To appear
yesterday and that an officer who had
investigated found that Martin paid for
I his lodgings at the Princess apartments
yesterday morning and nothing had been
seen Of him since.
His bail * forfeited" the court de-
/ clared and added We will teach him.
and others who may hear about it. that
it viii cost man just double when he
( runs away" The court then directed
the clerk to issue II bench warrant to
/ have Martin arrested and brought in.
Martin was indicted recently for bring
ing in from Canada u cans continuing
/ about five quarts of high wines each.
I He put up cash bail in Canadian money,
equivalent to 5000 IN United States
! money. From Judge Howe's remark it
! is assumed that Martin will be fined
$500 when he is caught. besides losing
MS DILL lie IL dbOut tb AtdiS plA.
/ Arthur l.. Spinuey of Brookline.
Mass. who was arrested in st. Johns
bury and had been in Jail ever since,
said he didn't know whether he was
! guilty Or not. Then you better consult
/ counsel" advised the judge. to which
| the respondent replied that he had no
money to pay counsel.
This raised in the courts mind the
question of whether counsel ought to be
assigned by the court and in this con-
ncction Judge Howe declared: The
court will not assign counsel in liquor
cases except where the showing is plain
/ that the respondent should be defended
| and is unable to pay counsel. The bar
should not be compelled TO do charity
work in liquor cases except where 1T Is
| absolutely necessary.
Judge Howe then had Spinney sworn
and examined him as to his financial
| condition. Spinney said he was p
( years old. had been married five years
and had three children. He said he
was conductor on the Boston elevated
railroad at $500 week and lived at
26 juniper street Brookline.
Haven't any of your relatives paid
YOU anv attention since YOU have been
| i'm iail?' queried the judge. to which
Spinney replied in the negative except
that his wife had borrowed money and
} fact came out that Spinney had tho
check in his pocket Judge Howe prompt
" decided the matter by declaring
.sThe court will decline to assign you
counsel
When asked why he had not secured
advice Spinney replied that he wanted
to uSe the money in getting free and
getting back home. apparently meaning
that he intended to use the check II
paving his fine if one was imposed. The
court advised him to see counsel and
make up his mind which way to plead
| md 10 afplK-
Gibson being in the room. the marshal
advised Spinney to consult him. and
after one or two more cases had been