Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-25
BREWER MAN GAVE DEPUTY COLE HARD
1USSlE; GUILTY OF ILLEGAL POSSESSION

andrew Upset OF Brewer was
found guilty on charge Of iIlegaI
transportation of Intoxicating linnor
wheh tried in municipal court Mon,
uay morning. and was sentenced to
pay fine of $500 and costs of $40
ana 10 serve four months in Jail
win SIX months additional in default
oL payment of fine and costs. On
ano.ner count charging illegal trans
POI portatlon without Fedora, permit,
t th use was placed on file. Lipsett
through his attorney. Herbert z,
Locke of PattangalI. Locke &. Per
kins. appealed from the sent&nce
ana furnished bail in the sum of
@iVou Tor his appearance in January
at the superior court.
,, Inc testimony Of Deputy Sheriff
Wlliiam j. Cole of Halloweu con-
cerhlng the arrest of Lipsett was in
terestlng and revealed the fact that
II was not without considerable diff
Guilty and only otter Mr.. Cole had
drawn his revolver that Lipsett sub
united to arrest and was handcuffed
And in the effort to detain the Brew
er man with the big touring car
winch he occupied, another man
maze quick getaway
Ch the witness stand DEPUTY Cole
told or going to the Cushnoc Paper
20. Rant shortly after . o'clock Sat
uruaF afternoon on a tip that two
men In car were selling liquor
AS lhe deputy approached the mill
from the railroad tracks he spotted
the Seudebaker touring car in the
mill yard and as he reached the rear
Oh the machine. a man who had Just
got out on the right side started TO
walk away. The deputy stopped him
ana demanded to see what was in
a sack which he was carrying. On
investigation Mr.. Cole found that
there were about 10 of the raw
jackets used with liquor bottles. At
ABOUT this time the man started 10
run, but the sheriff had perceived
the neck of bottle protruding from
the pocket of the man who sat be-
hlnd the drivers wheel in the car.
ana choosing to make sure of this
man, who had the goods on his per-
son, he was forced to permit the
otner TO escape without giving chase.
stepping around the car as the
man in the seat made an effort to
Jump out on the other side, the dep
uty said he was an officer and asked
him tc hand over the bottle in his
pocket. This the man refused to do,
ana asked the deputy to snow his
badge. Mr.. Cole did this and reach
ed for the liquor. Upset struck at
MN and started TO run, with Cole
drawing his gun and ordering him
10 matt. AS the deputy laid hands
on the man he struggled and tried
10 strike Cole again and breaking
away from Tie sherifrs clutch ran
down into the mill yard.
Sheriff Cole called upon several
men about the ward and mill to stup
the man. but they made no effort TO
do so. Upset is big fellow and
Mr.. Cole corneredf him Gown against
the buildings. The deputy asked an
other on-looker DO help him get his
handouts out of his pocket, which
he did, and Upset was shackled and
led back to the automobile. A call
was sent to the Augusta police sta
ton for assistance and with the ar
rival of Officers RamsdelI and Dos
tie, q search was made for I.ipsett's
companion. but without avail.
The shcriff's prisoner was brought
to the police station and on the way
he told the deputy of another bottle
OF liquor i'll another pocket of his
coat. The car was taken to the
county Jail and placed under libel
and acting on information given
them by Herbert f. Locke. Mr.. Lip
sets counsel, a third bottle of the
liquor was found over the windshield
in the recess formed by the proiec-
ton of the top. Lipsett obtained
bail Saturday afternoon for his APP
pearancc yesterday morning.
The thee bottles of cognac or
brandy and rum were submitted as
evidence by County Attorney Walter
M. Sanborn for the State, and also
the sack of straw Jackets. The state.
rested its case after the cross-eS-
animation of Deputy Sheriff Cole.
and in addressing the court Attorney
Locke moved dismissal of the war
rant and both counts against Lip
sett on the grounds that insufficient
evidence had been introduced to
prove the respondent guilty. The
defense counsel argued his case very
ably, laying particular stress on the
point of the intent TO sell. Judge
Cony denied the motion and found
the respondent guilty on the possess
sion count, placing the transporta-
ton charge on file. The StudebaEer
automobile remains in the custody
of the sheriff under libel.