Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-01-17
WATERVILLE MAN GUILTY OF OPERATING
AUTOMOBILE while UNDER INFLUENCE OF il
LIQUOR, after ALL DAY HEARING IN CASE

wait until an officer could view the
two cars, POoler drove off. AS he did
he nearly drove into the ditch and
then went. slowly away, weaving
about on the road as he went. H.
Richard Clough, a farmer living
near there stated that later as he
was doing his chores he heard an
automobile go down cross road
near his house and was somewhat
surprised. His house is located near
the corner formed by the cross road
and the main road and from the
cross road a drive way leads by his
barn, which is easily mistaken for
the curve leading to the main road.
little later he heard excited voices
in the yard and upon going out
found the Pooler car had come back
up the cross road, and had mistaken
the driveway for the way to the
main road. After getting in the
drive way, Pooler had evidently
learned his mistake and seeing the
main road ahead of him had tried to
drive over to it, being stopped by
two large boulders which lay there
and ny the ditch. When Clough got
out. the car was resting upon the
two bouldres and there was no trac-
ton for the wheels. Clough offered
to get a spade and the two boulders
were removed. He testified that
Pooler was apparently intoxicated,
as when he got out of the car he
stepped backward several PAGES be-
fore he caught his balance. His eyes
also were filmed and he talked
queerly at one time. Felix Spurgna-
di of Lewiston. who was in the auto
with Brilliard. testified that he
smelled liquor upon .Pooler.
Defense Testimony
The testimony of the defense with
regard to the accident was similar
to that of the state with the excep-
ton that Pooler claimed hat he was
on his right side. No reason for the
accident was given. Pooler said
that he had not had a drink nor
had anyone in the car. He stated
that after the accident when he
drove away he found that the wish
bone of the, car was bent and that it
was impossible to keep it in the road
IL he drove very fast. Accordingly,
he drove the car in low gear hoping
to get it fixed in Winthrop. He
turned down the cross road and
changed tire, and then mistook the
turn in getting back upon the main
road. His testimony was the same
as that of Mr.. Clough. but he said
that he was not intoxicated. He af-
terward drove the car into Augusta
and took over two hours to get to
the city. He was then arrested and
taken to the police station.
Alexander Souci and Thomas Poo
Ter. a brother of the defendant testi-
fled to the same effect. Officer Ward
of the Augusta police force testified
that he arrested Pooler on Rines Hill
and took him to the police station.
Although he was very close to the
defendant during the ride to the po-
lice station, he could detect no odor
OF alcohol upon his breath and he
drove the car with great deal of
skill, although 1t was hard work to
drive 1t with the bent wish bone and
the fact that one tire had come off.
At the police station the men and
the car were searched but nothing
was found. Pooler was not drunk at
the police station.
Deputy Marshall witham of the
Augusta police force testified to the
same effect with regard to what
went on at the police station. Jo-
seph Bourque of Waterville, a mem
Der of the last legislature, who knew
Pooler. stated that he had a good
reputation. He said that he was
present at the first trial in the Win
throp court and that Brilliard told
q different story there than he did
at the Superior Court. as there he
had declared that he had not smell
ed liquor upon Pooler's breath and
In the present trial he said that he
did.
Oficer Ward was called back to
testify to the came thing but both
the attorney and the witness got
confused as to which was Brilliard
and which Belanger, and Ward sta