Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-09-25
JURY DISAGREES -
IN SINGLE SALE CASE
AGAINST PELLET|ER

After being deadlocke0 10r nearly
/ three hours and with no apparent
possibility of an agreement. the jury
was discharged on the case of State
vs.. Charles e. Pei1etier of Augusta.
charged with single sale This case
occupied the entire day Wednesday
at the Kennebec superior court.
When the jury went out on this case
sentence was imposed upon Edward
&c. Heath Of Richmond, who had
been found guilty of driving under
| the influence of liquor and who had
J filed a motion for a new trial. This
| motion was later withdrawn by his
| counsel and q sentence OF four
| months in jail and $50 costs with
| one month in addition upon failure
] to pay costs was imposed.
| Scott Gipson OF Augusta, police
officer, was the first witness for the
state in the Pelletier case. He said
that he was detailed by Marshal
| Skehan to assist a Federal prohibit
| ton agent who was working in this
| city and that in the course OF his
work with this man he was told to
20 to the drug store at the north
end of Water street which Is con-
Quoted by Pelletier and to buy some
LIQUOR. After being searched by the
! prohibition man he went there about
| IL 30 and was there about ~ min
| utes, buying a half pint of alcohol.
for which he paid 81. He then re-
turned directly to the police station,
where he was again searched by
| the officer and The bottle OF liquor
| was taken from him. He declared
that DIR. Gingras. a physician who
| has an Office in that store, and PAU
Pelletier, janitor at City hall, were
| present at the time.
On cross examination he declared
f! that 1t was about 11.4O in the morn
| ing when he bought the liquor and
+. about 11.45 when he returned to the
| station, He had been in the store
| several times before In uniform and
| he. It developed on crOss-examina-
tion. at one time had bought a half
mint of alcohol there for medicinal
| use.
agent. was next called to the stand.
| He testified that he had first search
ed GIBSON and then had followed
him to the store. He had watched
| the store door and was sure that
no one had gone in or out while
| GIBSON was there. He was In the
store about 10 minutes ana then
| went back to the station, closely 1oi-
| lowed by the agent, who had not
lost sight of him except after he had
entered the guard room OF the po-
| lice station and then 1t was because
the agent had been obliged to speak
! to a man in the corridor of the City
hall. He had then entered the police
station and had searched Gipson
| again. taking from him the bottle or
alcohol.
city Marshal Skehan produced the
bottle of liuuor and told OF the pre-
liminary searching of Gipson and
OF the later search when the liquor
had been taken from him. He had
kent the bottle in his ss1on
since that time. Although Glpson
had declared that he had talked
with the marshal in the guard room
after returning. the marshal declared
that he had not seen Gipson from
the time he had left the private Of
| flee which adjoins the guard room
until he had re-entered the private
office.
Strong Defense Entered
The respondent was the first wit
ness TO take the stand for the de-
Tense. He said that Gipson had
come into his store shortly be1ore
IL o'clock and had talked for q few
minutes. He had then remarked
that he was on his vacation and
that he was going on fishing trip.
lie said that he wanted hai1 pint
to take on the trip with him and
asked felletier II he could fix him
up. Pelletier had told him that ne
could not do so and that he ola not
know where he could get any liquor.
Gipson had gone out few moments
after that. There had been present
at that time DIR. Gingras. Paul Pelie-
tier and C.. A. Sutton, who has the
rse OF a portion OF the office for
making out his reports as travel
ling man. Pelletier declared that
he had never sold any liquor to Clip
son or to anyone else. He has since
sold his business to Davilla Cloutfer
of this city.
DIR. Gingras corroborated the tes-
timony of the respondent with re-
gard to the happenings In the store.
Recorder Arthur Tifi1n Of the Au-
gusta municipal court was then call
ed to the stand to determine II there
was any warrant issued by tnat
court against Pelletier and signed by
GIBSON, as Gipson had testified that
he had signed one within a day OF
the time OF the SAFE. ~
ferred to the books OF the court ana
declared that no such warrant had
been taken out.
Napoleon PelIetier and c. A. SUIT
ton testified that they were present
in the drug store at the time that
Gipson came in and told a story
similar to that told by the respond
ent. Adolphus Cyr and Charies
BiloSdeau testified to the good char
acter of the respondent.
In rebuttal the State called Clip
son back to the stand. He declared
that Sutton was not present at the
time Of the sale and that Pelieuer
had handed him the bottle OF liquor
in the presence of the other two men
and had received his pay at the
same time. With regard to the talk
about fishing he had talked about
the luck of q man whom they all
knew and who had recently oeen
fishing at Togus Pond.
After the discharge of the Jury
enn,,, tb1o cose court WAS adjourned