Putnam patriot., 1921-06-03
CIDER GOES BACK
TO JOSEPH DUMAS
Owner Convicted of Keeping
Place Where Intoxicants
Reputed Sold
Fined $50. Appeais-No, Guilty Of
Intent To Sell

partly fall sarrels of fefmented cider
We're taken BY the police, who search
ed the premises on the night Of May
l2lst. is to have the apple juice rotura-
ed 70 him by order Of court.
Dumas was arrested and brought
before the city court. He was charg-
ed with keeping a place where il is re-
puted snirituous and Intoxicating d.
quor was kept for sale and with keep
ing spurious and intoxicating liquor
with intent 10 sell. After two adj
ljournments the case went TO trial on
Thursday morning. Dumas was
found guilty on the first count and
not guilty on the second count A
fine OF $50 was imposed and an ap-
peal wse taken 10 the superior court.
a bond Of 500 being furnished. Du-
mas was represented by Attorney J.
+. Carpenter.
Captain Bulger was the first Wit
ness. He said that upon searching the
tDumas place one barrel Of cider was
found IN one cellar and four barrels
in another. The cellar where the sing
gle barrel was found was used Tor
vegetables and other things, but the
door of the other cellar was locked
and Dumas wife could not get into IL
as Dumas had the key. He said the
place had a reputation for selling cid
er and that it was common talk that
cider was sold there. Witness said
that he had received several letters re
garding the place, one of which he
read to Dumas when he had talk
with him and advised him TO cut it
out" The letter was unsigned but
purported to come from woman who
stated that she was one OF large
family and that her husband went and
drank what little money he got She
alleged that Dumas sold more than
any one even during the license period
and advised the police TO 20 10 the
back Of the block to the cellar. She
said that il would be especially easy
to get him" Sunday morning.
The captain said he had been
watching the place for three or four
months and at the time that he read
the letter 10 Dumas he. Dumas. said
that he only had one barrel of cider
which was set for vinegar. He said
that as he was passing by the Dumas
block one day men were engaged in
digging up the sewer and he saw
quantity of mash such as results from
making alcohol The captain said the
place was public nuisance every
Sunday morning and that he had seen
men coming away from there drunk
When asked on cross examination
who had told him that the place had a
reputation far selling ne named one
man. but said be could not remember
the names Of any others. although he
said il vas common talk" L was
brought out that IN the block are two
stores and four tenementss Attorney
Carpenter also called the courts at
tention to the letter. saying that the
writing appeared 90 be mans.
Patrolman Chandler said he had
watched the place. Saw Dumas two
or three times carrying pitcher with
something in il" up the stairs. Saw
different people 20 up the stairs but
didn't know where they went May
18th. he saw light in cellar Looked
in and saw a man with lantern draw
ing something out OF a barrel. Saw
glass on the barrel Only saw one
man and didn't know who IL was.
Place had a reputation for selling cid
err. Had heard someone say so twice.
On cross examination he said he
didn't know who the two men were.
Heard one remark, Dumas has damn
good cider" Wouldn't say the place
was nuisance.
Patrolman William Jarvis said that
the place had reputation for selling.
Had heard five or six speak of il but
didn't remember who they were. Cross
examined he said that as far as he
knew the place was orderly. He had
never seen drunken men come out of
there.
The state rested and Attorney Car
penter stated that the defense would
not put in any witnesses. The prose-
cutor argued that the fact that the
cider had been found there and the
undisputed evidence OF the officers as
to the reputation Of the place made
out a case Of reputation beyond a rea-
sonable doubt. but as to keeping with
intent to sell. the evidence was not so
strong. but he asked for a conviction
on both counts
Attorney Carpenter argued that the
defendant was wholly within his rights
in keeping the cider to drink, to treat
his friends with, or 20 make vinegar
Of; that there was no evidence Of any
intent to sell and that the reputation
was only based on statements of a
few and only one Of these could be
named. He asked for an acquittal on
both counts
Judge Geissler said that there was
no evidence Of any sale or intent but
that ne found sufficient evidence Of
reputation and would therefore find
the defendant guilty Of reputation and
not guilty Of keeping with intent to
/ sell