Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-02-06
COURT NEWS

| -
Tuesday morning ut the opening
| OF court Attorney ". FOLSOM RicrrIli,
| who was appointed by Judge Deasy
| to represent Joseph punty in tho
; case State W. Iunty which was
| tried Monday afternoon in which ne
! was found guilty after Judge Deasy
| had q second time explained the law
| to the jury, requested the privilege
: To address the cOuit and maze Il
! motion that the State had not proved
| Il case against lunty according to the
| indictment which was found against
| MIN by the grand jury as the in
! dictment road in procession OF wort
! and mash lit for uistillatlon and did
! not say In production ana that the
state mad not proved that the wort
and mash at the time. on october
| 10th, Wnen found by the officers as
| lit Tor distillatlon. Judge Deasy
stated that II he were 10 rue at
once he should sustain his ruling OF
Monday afternoon which was I'M
prOmptu, but consented to give the
motion of Mr.. Merrili'S Wnicn he
said seemed plausible due cunsidera =
ton and decide according to the law
as he saw it.
The first case to cAne up for trial
Tuesday morning was thar OF State
vs.. Robert kirkpatrick OF Madison
who was charged with operating an
automobile while intoxicated. The
drawn jury was made up OF T.. L..
sampson. Skowhegan, foreman: l.. r.
Quimby, Cambridge: Vern l.. Shurey,
pittsteld: Fred Heseltiuc. Hartland.
Lester G. Stevens. Cornvilie. frank
rell, Dead River, Perrin French,
Solon; l.. q. Bryant. Palmyra:
George J.. Greenleat. Starks; Percy
Renter, Madison; J. William Bos-
ton. Canaan. The case was opened
by County Attorney James II. Tnorne
OF North Arson VINO stated that the
indictment charged Robert Kirk
patrick OF Arson with operating an
automobile while intoxicated on the
second day OF the Arson fair. Sep
TENDER 4th., last year. The witnesses
Tor the State were Harry L.. Gordon
of Arson, who acted as an assistant
traffic officer on the 4th of septic
mher; Daniel Nichols, a member Of
the Madison police force and Il
truckman of Madison and the de-
putty sheriff, George Walker of an
son. The respondent was rC'tcscnt-
ed by Attorney William j.. Brown OF
Madison who claimed that the res.
pondent was not while operating his
car Intoxicated and that he only took
enc drink that day ard it WIS iwo
hours alter lie drrEe his machine.
The defense called the following
eight witnesses: MIR. Kirkpatrick,
Mrs. Robert kirkpatrick. Harry
Withee. Samuel Roberts, Charles
Merrill, Alton Chabo+, Albert Lester
and Robert Merton.
Mir. Kirkpatrick was the first wit
v,.NcS. a u al "A
At recess a conference of the attor-
neys ana Judge Deasy was held and
tho case was mol pressed because as
Judge Dcasy explained to the jury.
that according to seCtf0n -. chapter
Eli, the crime with which the res
pendent was charged was an infain-
Gus crime, that is n crime that may
lie punished With impriconment at
the State prison, and TINT except
an indictment Is found by the grand
jury n case of an infamous crime
cannot be tried in the supreme court
and as this was an appealed case the
Judge suggested to the county at
torney that he mol pross the case
which Attorney Thorne did and
Judge Deasr directed the clerk. W. :.
Seekins. to discharge the prisoner.
Mol Pross lachance Case
The case of State VS.. Alton La
chance OF FaipSeld appellant, charged
with operating n motor vehicle while
intoxicated was mol pressed Tuesday
because the crime of which Lachance
was charged was an infamous crime
and an indictment had not been found
by the grand jury.
The case of State VS.. Leslie Allen.
appellant of Pittsfield charged with
operating a motor vehicle while in
toxicated was mol pressed Tuesday
because the crime of which Allan was
charged was an infamous crime and
indictment had not been found by the
grand jury.
In the case of State VS.. George
TAYLOR, residence unknown, who was
charged with transporting n female
for illegal purposes. Taylor changed
the plea OF not guilty. which he had
made when arraigned. and Piled noio