The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1921-06-18


Verdict Aside and Defense Takes Ex-
ception Law Recently Enacted
Makes Disclosure Necessary.
Nearly the whole day yesterday in the
municipal court was taken up with the
case of the state against Arthur Gagner,
who lives on the old tuberculosis camp
farm on the old road to Guilford, who was
charged by the state with having been
intoxicated last Sunday, on the Valley
fair grounds. The jury reported a verdict
of guilty, after being out about one hour.
States Attorney Harold Z. Whitney con-
Quoted the case for the state. and Attor-
neys Neil ID. Clawson of Brattleboro and
John J. Landers of Keene, \. H., APP
peared for the respondent.
When the verdict was returned Attor-
ney Clawson moved that it be set aside as
being not in accord with the evidence,
but Judge Frank d. E. Stowe overruled
the motion and allowed the defense an ex-
ception Sentence was deferred
The. Jury was summoned for yesterday
morning. but several were challenged and
it became necessary to secure others, so
that the trial did not start until ) O'Clock
States Attorney Whitney called as wit
nesSes Sheriff Frank L. Wellman. Deputy
Sheriff Bert \. Whittemore Of Guiltord,
Policeman w. L. Tyler and Clarence
Wellman. The testimony of the states
witnesses tended to show that late Sun
day afternoon after the baseball game,
Sheriff Wellman arrested George Hutch
ms of Winchester, y. H, and took hIm
to the police station, because he consld-
cred Hutchins intoxicated. Gagner was
81 aE fhn Enf
Deputy Sheriff WhittemOre remained with
Gagner while the sheriff went to the po-
lice station and returned.
DEPUTY Sheriff Whittemore said Gagner
swayed to and fro and. his eyes were half
closed. He and Sheriff Wellman said
they noted strong oder of liquor about
Gagner The sheriff said he did not arrest
Gagner then as he had several search
warrants in his pocket and had to leave
with the other officers to make some raids.
Later he notified Gagner to appear IN
court.
The defense called Mr. Gagner, his wife,
George Hutchins, f. +. Hamburger, Ray
mond LaForest, Silver Gagner, oscar
Gagner and a little daughter of the re-
spOndent. Ora Gagner. Mr.. Gagner de-
MED having been drinking that day or
having been intoxicated, and the testimony
of the others was in support OF that con-
tention. The defense showed that Sherh
Wcllman had searched Gagner mouse TWO
or three times and they argued that he
had personal desire to get something or
Gagner, although the officer denied hav-
ing such desire when the matter was
touched upon in the evidence
States Attorney Whitney opened the
arguments followed by Attorneys Claw
son and Banders in order for the respond
ent States Attorney Whitney closing;
Judge Stowe charged the jury briefly and
the jury retired a little after Q O'Clock,
returning a verdict a little after Z.
| The jury was composed of the follow
! ing men: John l.. Barney foreman, Law
renee X Barber. Ralph p. Churchill,
/ Clifford A Baker. b. c. Baldwin, Charles
w. Cleaveland, Abram j. Currier, Il. l..
Knowlton. f. A. Lord, George \. Iol~
Hand. Il. H. johnson and W. Il. Halgh,
| all Of this town.
| TIutchins is under bail TO appear for
trial when wanted. having pleaded not
guilty to the charge of intoxication, and
the same counsel will appear for him as
appeared for Gagner.
/ Act No 203 enacted by the legislature
at its last session provides that when
person is convicted of intoxieation the
court shall take his disclosure as to
where he obtained his liquor.