Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-05-16
BARRON GIVEN
fine $500 AND 6
MONTHS IN JAIL

Jacob Barron was found guilty of
Illegal possession of intoxicating
liquor in the municipal court yes
terday afternoon by Judge Charles
w. Atchley and given the maximum
sentence of $500 fine, six months in
Jail and six months additional in de-
fault OF payment. He appealed and
bonds We're furnished in the sum of
$1,000. Barron was represented by
Frank Plumstead. Willis A. Pink
ham of Augusta, Clyde f. Chase of
Farmingdale deputy sheriffs and
Henry T.. Cummings sheriff testified
for the state.
Barron pleaded guilty and waived
Sheriffs Pinkham and Chase were
sworn in as witnesses.
Deputy Pinkham took the stand
first and testified that he had en-
tered the establishment at 81 Temple
street on a search and seizure war
rant, Saturday evening, May II
about $50. Mr.. Pinkham stated
that he was the complainant and
that he had searched the place after
receiving numerous complaints. He
drank a glass of beer from behind
the bar in the second room in order
to test it. He found nothing but
beer, light drinks and empty bot
ties. Mr.. Chase went into another
room and found one pint bottle filled
with alcohol. He seized the beer
court office. He also took il half
pint and two pint empty bottles.
and three jugs to the office. The
beer looked real and tasted stronger
than the ordinary drink of that
sort on sale at the present time in
most places. Besides Mr.. Barron
there was another man in the es-
Establishment who seemed to be II
clerk. The beer seized was in two
16- gallon kegs. Mr.. Pinkham esti-
mated one key to be nearly empty
and the other half to two thirds full.
Under cross examination Mr..
Pinkham stated that he entered the
establishment about $50 and left
finally with the beer between 10 and
II o'clock. The witness said that
h. searched all round.
He suspected that there was more
Intoxicating liquor on the premises
but they were unable to find any. He
left Deputies Allen and Chase in the
building when he went out to get
someone to transport the beer kegs.
In the front part of the store he told
Deputy Jones who came in later,
about the finding of the alcohol.
Deputy Sheriff Clyde T.. Chase was
the next witness. He declared that
he helped search the premises at y
Temple street. lie searched tn back
part of tn building for Is or 20 min
utes and finally found the pint OF al
cohol concealed between the double
boarding of the rafters overhead. The
bottle of alcohol was produced in
court and identified by the witness.
Mr.. Chase was present when the beer
was taken out.
In the cross examination the wit
ness gave practically the same testi-
mony as in the direct examination.
He said the shed was about 10 by II
feet, single boarded. He was rea-
sonably sure that there was not any
more liquor in the shed. He SAID
everyone sampled the beer.
High Sheriff Henry +. Cummings
testified that he had taken a sample
of the beer to Augusta and had it an
aIvzed. He said it tested 2.5S per
cent. while the law allows up to one
half of one per cent. This was the
lowest test made. Clarence Quimby
Of Augusta made the analysis Mon
day morning. He made the report at
1890 p. Nj. Tuesday. The beer was
taken to Augusta in jug and drawn
ont and put in a bottle Monday morn
ing.
No defence was offered and the
state rested at this time. Judge
Atchlcy said that on the warrant OF
search and seizure he would hold that
the goods were intoxicating and on
the second warrant charging illegal
nossession he imposed fine of $500
and costs. a sentence of six months IN
iail and six months additional in de-
fault Of payment. The judge re-
,,.arl1ed that this was tho extreme
ncnalty. Bonds in the sum OF slooo
were furnished by Henry Ialbcrth
and Charles Robbins.