Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-01-21

in Saturday afternoon by the jury. In
the case OF Clair Mcclellan of Water
vile charged with driving a motor
vehicle while under the influence OF
intoxicating liquors and he was SEN
fenced by the court to serve nine
months in Jail. A motion for new
trial, made by his attorney, Harold
e. Weeks was dismissed by Justice
Spear and the case viii be carried to
the law court on exceptions, bonds in
the sum Of $1,000 being furnished for
his appearance as needed.
Several other sentences were i'm
posed during the day. Delbert Folwes
of Randolph. charged with single sale
on two counts. was sentenced to serve
six months In jail, and to pay a fine
Of $500. with six months more in de-
fault Of payment, in one case, the
other being fled. Alfred F. Burgess
OF Waterville charged with illegal
possession, was> sentenced to pay q
fine of $500. and costs and to serve
three months in Jail with six months
more In default Of payment.
Eugene Cline of Togus pleaded nolo
in two cases, single sale and illegal
possession. In the first case he was
senteced to pay fine Of $500. and
cots, and to serve six months in Jail
with six months more in default of
payment. He filed demurrer and the
case will be taken to,the law court on
exceptions. The other case was filed.
Fred Carey of Chelsea was fined
$500. and costs and sentenced to serve
two months in Jail with an additional
six months II he fails to pay, upon a
charge Of illegal possession.
Will Davis of Winthrop, proprietor
Of the Winthrop House. charged with
illegal possession of intoxicating liq-
uors, was sentenced to pay a fine Of
800, and to serve two months in jail
with six months more in default Of
payment. He filed a demurrer and
the case will be taken to the law
court on exceptions.
Testimony in Mcclellan Case
Mrs. Edith Bowman of Waterville
was the first witness for the state In
the case of State vs. Clair Mcclellan.
Mrs. Bowman who conducts garage
near the shop of Mcclellan testified
that he came to the garage between
one and two o'clock on the day in
question to buy some gasoline. He
was driving a car and from his APP
pearance she believed that he was
talked very thfckly and his answers
to her questions were not coherent,
William H. Murray, city marshal
at Waterville, told of receiving tele-
phone call at 2.05 on the day of the
accident and said that he sent an
officer to get the car which was on
Sherwin street near Silver street and
that the respondent was brought into
the police station about three o'clock.
At the time he was under the influ-
ence of liquor, the odor of which was
very noticeable. =
Officer Ralph Blunt of the Water
vile police force stated that he went
to the scene of the accident and saw
the car, afterward going to the
apartment occupied by Mcclellan and
taking him to the station. He was
under the influence of liquor at the
time.
The respondent appeared as the
first witness for the defense. He
stated that he was alone in the shop
the day in question and that the car,
a 1914 Stutz, would not start. In
the morning he called a garage man
to fix it but the man did not get
there until after Mcclellan had been
to dinner. He had come back from
dinner shortly after 11.30 and had
talked with two men for some time.
The garage man fixed the car and
about 1.25 he took 1t to the Bowman
garage to get some gas. From there
he started along Silver street and
as he got to the corner of Silver and
Sherwin street he suddenly thought
that he should turn down that street
to see a man on Water street. This
he did and at the time he was trav-
cling about 20 miles an hour and
as he made the turn he felt the steer
ing gear snap and he could not make
the turn. He threw on the brakes
and the car hit a tree injuring him
somewhat. He tried to back the car
away and the engine worked all right
but he could not steer the vehicle
He then went home and after his
wife had bathed his injuries he took
q. stiff drink and lay down on the
bed. He testified he had had SINH
lar difficulties with the car before.
Upon cross examination 1t de-
veloped that although be had been
driving cars since he1was 81 years
old, this was the first time since
August, 1921, that he had driven.
Further questioning by the attorney
brought out the fact that the reason
for this was that he had been con-
victed Of driving under the influence
of liquor at that time and that his
license had been revoked. The time
of the accident was the first time
that he had driven since that time
and he was driving without a license.
He stated that he was under the in
fiuence Of liquor when the officer
took him to the station but that he
had not had drink until after the
accident. when he took four nilnceS