Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-14
Clay Dismissed
Southland Guilty,
Illegal Possession

case of State VS.. Chester Southland.
formerly of Newark. n. j., and
Frank Clay. both of Pittsfield. who
are held on bail from hearing of
the Somerset municipal court of
5000 each for the April term of the
Somerset County supreme court on
a search and seizure case which was
opened late Thursday afternoon.
was resumed. The witnesses heard
for the State Friday forenoon were
Henry Fernal, Pittsfield: Deputy
Sheriff Croclfr. Canaan: Deputy
Sheriff l.. b. Wheeler Of Hartland;
Deputy Sheriff A. G. Kimball of
Pittsf1eld, and Sheriff John A.
Mooers of Skowhegan. The defense
was opened by Attorney William b.
Brown of Madison, who with Attor-
ncy Harry II. Thurlough of Pitts
field. represented the respondents.
The defense through Mr.. Brown
claimed that the large amount of
intoxicating liquor. estimated by the
officers to be between $50 and 400
gallons. was NOT kept with intent to
sell but for their own consumption
me witnesses sworn for the defense
we're the two respondents, Chester
Southard and Frank Clay, and Mrs.
Clay. The first to testify was Mrs
Southland and after recess Mrs. Clay
was called to the stand Mrs. Clay
testified that the clderberries were
gathered to make wine out of and
mat the wine was made by herself,
her mother and her uncle. Mr..
Sout hard but not for sale, and that
no liquor was sold from the house.
The testimony in the case of State
VS.. Frank Clay and Chester South
ard. both of Pittsfeld. charged with
Illegal possession of intoxicating Ii
qlor with intent to sell in violation
OF the liquor law, was completed
ana the defense argument made by
William b. Brown of Madison be-
fore the nosn adjournment Friday.
At the opening of court at 900 D. IN.
FRIDAY afternoon, County Attorney
James II. Thorne made his arsu-
mcnt. which was followed by Judge
Dunn's charge to the Jury. who.
after being out about an hour and
half. returned n verdict Of not
guilty for Frank Clay and guilty be
Nond n reasonable doubt for Chester
Southland. Clay. being found not
guilty. was dismissed by Clerk OF
Court William Scckins.
Illegal Manufacture Next
The case of State IS. John Walker
manufacture of intoxicating LIQUOR.
was started about $50 Friday after
noon. the State being represented
by County Attorney James II.
Thorne of North Arson and the de
PENDANTS by Attorney William b.
| Brown of Madison. The case is be-
ing tried before a drawn jury. com
posed Of Leigh NJ Leadbetter of
Harmony, foreman; Burton A.
Walker of Mercer. Carl w. Nelson
or Canaan. Arthur Peterson OF Troy.
John w. Weeks of st. Adams. c. A.
Maxim Of Palmyra. Clifton SANDERS
Of Athens, Charles -. Bates of Fair
feld, Herbert "A. Boardman OF Scion,
and Edmund G. Durgin Of West
Forks. SO many Of the jurors were
challenged that byron Il. Perkins
and Lawrence Hayden from The as
scmblN we're chosen to serve.
In opening the case County Attor-
noy Thorne stated that on last Sep
TENDER, the 18th, that stwo quarts of
alcohol were seized in the possession
of John Walker and that evidences
or manufacture were found at the
Walker home. When Walker was
arraiGned in the lower court it was
stated that he admitted the manufac-
ture of five bottles. The witnesses
| for the state were l.. Il. Wheeler,
deputy sheriff of iiartlaud: George
, " heelcr, police officer Of IIartland
r. \. Weber. trial justice Of Hart
land: Thomas &. Lord trial justice
OF Skowhegan; Horace Crockcr, dep
uty sheriff of Canaan and Sheriff
John a. Moocrs of Skowhegan. From
the evidence given it appeared that
| Walker went to Wellington on Sat
urday night to a dance and returned
to IIartland very much intoxicated.
| After returning to Hartland he.
| picked up n neighbour and went to
/ Athens to get some cider and upon
! his return to Ilartl2nd. stalled his car
/ ON a CrOssroad about a mile from his
/ home and there. in a dead drunk con-
dition he was arrested by Deputy
Sheriff Wheeler of Hartland From
records produced by Thomas G. Lord
of Skowhegan. it was shown that
John Walker was before Trial JUS
| tice Thomas G. Lord on Monday,
September IS, 1922, against whom
there were four charges. illegal
manufacture. to which he pleaded
guilty. This being beyond the juris
diction of Trial Justice Lord, bail Of
$500 was furnished by Mrs. Walker
|
grand jury of the supreme court.
| The second charge was recklcssiy
| operating motor vehicle. to which
he pleaded guilty and payed fine
| Of Sl5 and costs of S12S7. The third
charge was intoxication. to which he
pleaded guilty and paid fine of 50
and costs of $41.41. and the fourth
! charge was for operating a motor
vehicle while under the influence of
liquor to which he pleaded guilty and
paid a fine Of 800 and costs Of s5S.s1.
Attorney Brown opened the defense
and claimed that the alcohol which
the State alleged was manufactured
by Walker was purchased by Walker
at Wellington while he was there at
the dance. The defense witnesses
were John Walker, Mrs. John Walk
er and Guy Staples. In cross exami-
nation by Attorney Thorne, Walker
stated that he had never sold in
toXicating liquor. In rebnttal
ThOrne called Trial Justice Il. A.
Weber of Hartland. who presented
from his record. two cases against
Walker. one September Ia. 1910 and
the other April Is. 1911, both for sale
of intoXicants. the records showing
that he was found guilty in both in
stances This rebuttal completed the
evidence i'm the case and the attor-
neys arguments will be made Satur-
day morning at $50.
AnseI Knight
Word has been received In town