Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-01-23

John T. Wharton Of Gardiner filed
demurrers to three liquor cases. one
for the Illegal possession of and TWO
single sales. Benedict +. Maher of
Augusta appeared for the respondent,
saying that it was on his first Of
fence. County Attorney Walter NJ.
Sanborn told the court that COM
plants had been received about
Wharton's place which is located on
the State road between Gardiner and
Bowdoinham last summer and fall.
On the illegal possession case,
Wharton was sentenced to pay a fine
of $50 and costs and to serve SIX
months in Jail and in default OF pay
ment to serve six months additional
in iail He was placed on probation
| on the payment of the costs. and
gave bail in the cum of $1,000 to
await the decision from the law
court. The two single sale cases
| against Wharton were placed on Tile.
State VS.. Smith and futile
! Testimony was resumed at the
opening of Saturdays session of the
sIpcrior court in the case which was
begun late Friday afternoon that OF
State VS.. Lawrence smith ana hupS
futile, both of Gardiner. indicted Tor
! larceny of So, the property or Mrs.
Belle Barker at Chelsea, Sept. last.
Attorney r. l.. GoudspCed of Gardner
represented both respondents and
County Attorney Walter NJ. Sanhorn
appeared for the state
Clarence Morgan, who with MIS-.
Morgan resided summers at the nome
at Chelsea with Mrs. Belle Barker
and Miss Myrtle Barker, continued
his testimony on direct examination.
lie stated that the EeXt day after
they had found That their house hau
been broken into, an investigation vi
the matter was made at the 1arm-
house. CITY Marshal Roscoe Dunn,
Constable Hunt of Randolph and At
tornev Goodspeed had visited his
place. Witness had seen some shoe
prints in places around the house ana
these were shown to the officers. -Four
shoes had been brought along by the
officers and measurements We're tax
on Of the shoe prints in connection
with the shoes there. One of the
shoes and the rule We're offered in
/ cadence by the state The most DELI
mite imprint, witness testified was at
the back of the house near the WIN
dow. The print looked as if the shoe
had slipped on a mound there.
4 Cross examined by Attorney Cen
cral Goodspeed, Mr.. Morgan testlfled
from n diagram as to the location OF
the houses along the road where he
had been informed that there had
been two boys walking along the
road. It was a little past p. NJ.
when he had seen tho two boys in
the vicinity of the Grange hall. He
had then telephoned the o1hcers at
Gardiner that the boys were coming
along the road and to be on the
,ookout for them. lie had then gone
IN Gardiner in his automobile and he
found tho two boys in the custody OF
an officer. In the police court the
bows we're searched and a small
amount OF change was 1ound
on each. Nothing like a $50 bill was
found. and after the search he had
said TO the bows that he was sorry
that he had caused them any trouble
If they hadn't taken the money. A
few days later. officers had made
J another investigation around the
house. Attorney GOodspeed question
ed the witness regarding there nav
ing been other boys back OF his
, house on the stream on the date al
legged. The Collins house and part OF
the Hayes house is ir view Of his
house. There are other boys living
along that road There was nothing
about the house to indicate what time
the house had hcen broken into. He
testified. on redirect. to the effect
that the search of the boys had not
been a complete one.
James Thompson of Chelsea, who
lives on the Searles Mills road, testi-
, fed that returning home from Wind
: sor Fair he had given the two boys
a ride toward Gardiner as far as ne
+ lived He had arrived home at s.: 81
!. Daylight Saving time.
Harry O. Bridges OF Chelsea was
. then called as witness for the State
He stated that at 6:45 fast time ne
had seen the respondents by his home
on the Windsor road. They had tolt
, him that they had long ways to 81
> before supper and said they had come
from the Windsor Fair.
:, Roscoe Dunn, city marshal of Gar
I diner, testified about the investiga
ton made of the shoe print at thu
Morgan home the day after the af
= fair. He identified the shoe Of Tut
r tie and in connection he described
= the foot print on the ground, as h
had measured it. They had four shoe
with them whom investigating an