Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-09-18
FIND RICHMOND MAN GUILTY DRIVING
while INT0WCATED--TR|Al MARKED BY
CONFLICTING TESTIMONY WITNESSES

testimony WITNESSES
the officer and the other two men did.
He then went down the road after
Frost. He stated that the other two
men were under the influence of liz
uor and that Heath appeared to be
drowsy and 'crabby."
Youth Smelled Breath
Allen Tucker, Is years old; was
then called to the stand. He said
that at about 5 o'clock the car driv-
en- by Heath and containing the 9TH.
er two men had come along the
road near the house where he lives
and stopped near the house. He
had gone out to the road and they
had asked him IL there was q gasO-
line filling station near there. Upon
his answering in the affirmative.
Heath had asked him il he would
go to get them some gasoline as
they were out and he had agreed
If they would pay him for the work.
The place where they had this con-
versation is at the top of a steep
hill and the filing station across
the valley, upon the top of the op-
posite hill. He went after the gaso-
llilS anu pIOSuICu lNo oi lhtSO Soi-
Ions Upon returning over the road
toward the place where he had left
the car he found that they had
coasted down the hill and part way
up the other hill and that upon
backing back they had hit a fence.
At the time he was getting the
gasoline he had observed Heath
coming up the hill toward the sta
ton and when the owner of the sta
ton had asked Herbert Howard,
who was there with an automobile,
to take young Tucker and the gaso-
line back to the car, Heath went
back with them. Heath sat on the
rear seat with Tucker and the wit
ness could smell the odor of alco-
hol upon his breath. In the Heath
car he noticed a ginger ale bottle
which smelled of alcohol. After the
car was started and taken over the
hill to the filling station it was filled
with gas and then Heath drove up
the road forf about a quarter OF Il
mile when he got out of the car and
lay down beside the road.
Upon cross-examination he stated
that Heath had given him q quarter
for his work. He also declared that
he could smell liquor on Heath's
breath while on the rear seat Of
the Howard auto.
Herbert Howard and Horace How
ard corroborated this testimony.
Defense Denies Allegations
The State rested it's case here and
the respondent was the first witness
called by the defense. His story
was borne out by the testimony of
his two companions. Edgar Lyons
and Charles Coombs, both of Rich
mond. He said that he had beer
approached in Richmond by the two
men, who wanted him to go to the
ball game In Augusta on that day,
August II. 1924. They had been
willing to buy the gasoline for the
trip and he had taken them after
explaining that he must go to Lew
iston to a garage on business first.
They had arrived in Lewiston about
about the garage for about half an
hour, during which the two men
had left the car.
Then they had come to this city
and had attended the ball game, the
two passengers sitting together and
Mr.. Heath sitting with another man
from Richmond, whom he had found
there The car was left outside the
ball park and they had met there
after the game. They started Tor
Richmond and then when they found
that 1t was pretty late they turned
around by the State House and came
back onto Water street to get some
thing to eat.
Heath had remained in the car
while his companions went into a
restaurant and when they came out
they brought him two pork sand
witches and a bottle of ginger ale.
which he had eaten and drunk.
Then at the suggestion of one Of
the others, who had declared their
willingness to buy more gasoline he
had turned toward Waterville. He
had gone but a little way when he
was taken with cramps in his stom-
ach and they became worse until he
had finally got to the bottom of the
steep hill. Here he got out Of gaso-
line and the boy came along. Lyons
sent the boy after gasoline and the
respondent had not talked with the
boy at all. He did not go to the gas
station until he drove the car there
after the boy returned. After filling
the car at the station they had driven
a short distance when the cramps
became so acute that he was forced
to stop and leave the car. He had
vomited and then lay down for a
time when he was awakened by some
noise, but he did hot know what 1t
was
When he returned to the car he
noticed for the first time that his two
passengers had been drinking. He
Immediately turned the car around
and started to return to Richmond,
but had driven but two or three
miles when the cramps returned with
Sch for,e that he again left the car
and lay t-wn. bei~~ awakened by the
officer Y no arrested him.
Deputy Marshall George II. Simp-
son of Waterville who saw Heath
after he was taken to the WaterviIle
police station testified that at thak1
time. abou 10: 10 he did not appear to
be drunk nor sick.
Lyons and Co0mbs testified with
regard to the details Of the ride. az
did Heath. but told Of taking three
or four drinks. unknown to Heath
who had not known Of their having
Hauer in his car. Heath had COM
planned Of cramps while on the way
to Waterviile.
Eliery c.. walton who drove the