Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-02-18

J. BELANGER FOUND
GUILTY ON Two
LIQUOR CHARGES
After four hours of testimony by II
witnesses and after the motion that
proceedings should be quashcd had
been three times denied in the munici-
pal court Saturday afternoon. Judge
Charles w. Atchley found Joseph Be
LANCER of loo Water street guilty on
two counts, first for illegal possession
of distilling apparatus and mash, and
second for Illegal possession OF intoX-
:catins liquor.
Few questions were asked by he de-
fence during the estmonv of the three
witnesses for the State. but when the
state rested f.. Harold Hubord, attor-
ncy Tor the defence. arose and declared
that under a decision handed down by
the law court and published in the
One Hundred Maine document. the
warrant for hs, search Of the prem
ises a l06 and 1861 Water street was
invalid and he requested that the case
be dismissed. When Judge Atchley
qucsiio Mr.. DubOr0S action the at
torney produced tho document rcfcrrt ii
10 above ana opened - a section which
stated that general warrants were not
lawful Judge Atchiey declared that
this search warrant VAS not q genera |
warrant as the numbers referred to
under tho rInf
Mr.. Duhord pointed gu: that the case
that had been made Il test case By the
law court was one IN which warrant
mad been made out for the search OF
three places all under the same roof
and the decision was made against
such warrant.
Judge Atchlcy still denied Mr. Dc-
, bords request fer dismissal Of the
case.
The testimony for the State WAS
given by Deputy Sherffs William Cole
Harry Pinkham and Edwin Megill.
! Mr.. Cole testified that the premises
, at Inc and 1868 Water stree: were a
dwelling house He entered lAs Water
street at o'clock February II. went
into the kitchen. Int" the tasc,nen: and
then up some back stairs He found a
| barrel at the top of the stairs ups de
down. and when he turued It over
found that it was steaming flo sent
Mr.. Ptnkham down outside Of t',. honse
where MIR. P,ukhln fouEt. some mash
/ on .hn snow. Some beer Vas prod ,ca,i
which Mr.. Cole stated c!as found nv
Mr.. Megili. The still! vas found On the
back porchsbehind some rugs N a inc.
according to the witness. ~. BelRnger
| with lady, a boy and another young
lady was upstairs. Mr.. Cole saw Mr.
Pinkham find the mash and bring It
upstairs and it was wet and warm.
Tho mash was made of corn.
In the croSs-examinatiGu Mr. Co:e
stated that Mr.. BrlauEcr vas suspect
ed and he (Mr. Cole, issuoG warrant.
He described how the boiler might be
used az still.
The alleged stu was brought for
ward as evidence and consisted Of tire
following part: \ washboiicr with a
small hole in ore enG about halt way
between top and bottom. The cover to
tn" boiler lacked the usual handle.
nlr. Cole said that they searched
tho house thoroughly for the pipe
&c so through the small hole, in the
enc OF III" boiler hul called to find
1t. According TO him. the cover Of
the boiler could be turned upside
down on the boiler and thus a still
was ptON l'illlSS klie uISkllIpI nau
the pipe they failed 20 find. This
pipe would be bcllcd on the end in
side OF the boiler and the bell part
would be under the lowest point
of the boiler cover. On the upper
side of the inverted cover ice or
cold water would be placed. In the
boiler would be the mash and heat
would be applied. The distil,ate
would rise as steam. collect on the
cover. run to the lowest point of
the cover. drop into the bell of the
pipe and run out into q rcccpticle.
In closing his testimony Mr. Cole
said that the place smelled strong
ly OF home brew when the deputies
entered.
Deputy Sheriff Harry pinkham
was next called as IA witness He
could smell the mash very strongly
throughout the house. Mr.. Cole call
cd him and told him to go down
stairs and look outside for the mash.
He found the mash under the snow
nearly under the back porch attached
to Mr.. hangers apartment. Mr..
Pinkham found quart bottle prac-
tically full of alcohol near the mash
almost buried In the snow. Mr.
Pinkham saw Deputy Sheriff Carl
F~"Nws find the beer.
III tIie tICSS eSdlIlli(lOu RlT
Pinkham stated that he should think
that liquor could have been distilled
from the mash.
Mr. Mesill testified that he had en-
tered TIE premises with the other
deputies. He kept guard in the kit
chen and helped Tug out tie seized
goods.
None OF the sheriffs had ever seen
corn used in mash that was used for
distiling liquor according to their
testimony.
The State rested and Mr.. Dubord
entered his first objection on the
grounds that the search warrant was
invalid. When the judge denied his
motion. Mr.. Dubord walked over to
the still and asked that proceedings
against Mr.. Belanger on charges of
illegal possession of still and mash
be quashed. His reasons were that
no evidence had been produced 10
show that the wash boiler was a still
as the necessary part that would
make it 4 still was not found.
When the judge denied Mr.. Du-
lords second motion. the attorney
introduced third motion TO have
proceedings ouashed on the charge
af