Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-03-10
LOCAL. DRUGGISTS
ACQUITTED Charge
Illegal POSSESSION

Omer G. Daviau and Arthur J. Lou
bier. we'll known local druggists, were
acquitted in the municipal court Sat-
urGay afternoon by Judge Charles W.
Atchley after being arraigned on
charges of illegal possession of intoXi-
eating liquor.
The first case brought up was against
Mr.. Daviau and County Attorney Wal
ter Sanborn of Augusta acted for the
State and the respondent was repre-
scented by Carroll n. Perkins and Ar
thur j: Crafty. This case was heard in
full but the case against Loubier was
dismissed as the evidence was practi-
cally identical to that in the Daviau
case.
Mr.. Daviau waived the reading of the
warrant and pleaded not guilty. The
first witness for the State was William
Cole. deputy sheriff. who testified that
he made n search of the drug store of
Mr. Daviau. III Main street, on March
6 in company with Deputy Sherffs
Harry Pinkham. Edwin Megill and
Carl Fellows. Mr.. Daviau was present
at the time of the search. The store
consisted of a big rooms with parti-
ton in back for prescription room
large one-room basebent. In the pre-
scription room he found quart shelf
bottle half full of alcohol which he had
tested. This bottle. which was marked
ginger mint and julcp, had an alumni
mum cap for a cover. The bottle was
in one corner of counter with two
large books in front of it partially
concealing it. He also found two emp
ty half-pint bottles that sme1led of al
cohol in n drawer. One bottle was ex-
hibited that Mr.. Cole had used to take
n test from a five-gallon can partially
filled with grain alcohol.
In the DISCRIMINATION Mr.. Cole
said that the top of the counter bottle
could be seen. Mr.. Daviau made no
attempt to conceal any alcohol Mr.
Daviau might have told him that he
could test the alcohol on the premises
hut he could not remember positively.
Nothing out of the way could be found
on the promises.
Harry Pinkham was the second wit
ness and he testified to finding large
quantity of denaturcd alcohol in the
cellar. Deputy Cole showed him the
counter bottle and he corroborated Mr..
Coles testimony as far as he knew
about the same instances In the
cross-examination he said that it was
n we'll kept drug store.
Edwin Mcgill testified that he went
into the store and told Mr.. Daviau he
had a warrant to search the place. Mr..
Daviau asked to see the warrant and
he showed it to him. Then Mr.. Daviau
told him where the alcohol was and he
found one fve-gallon can with several
gallons in it and one empty can. In
the cross-eXamination he said that lie
found the alcohol where Mr.. Daviau
had said and that it was we'll kept
drug store.
Harrison c. Lyseth testified that he
was at the head of the science depart
ment at Cony High school. a graduate
Of Bowdoin College. and had taken
some graduate work at Harvard Uni
versity. He had been doing test work
for the sheriffs of Kennebec county
for several years.
Referring to the counter bottle he
said that it tested S102 per cent in
alcohol and that the alcohol from
He said that 100 proof meant 50 per
cent.
Mr.. Cole was recalled and Mr.. San
born started to ask him IL he had
received any complaints against Mr..
Daviau. Mr.. Perkins objected on the
grounds that the Maine Report No.
113 stated a specific case where such
testimony had been ruled as illegal.
After some debate Judge Atchley
sustained Mr.. Perkins objection.
The state rested and Mr.. Perkins
asked for the discharge Of the pris-
oner but the Judge asked to have the
respondent put on the stand.
Mr.. Daviau testified, that he held
the United States bond that allows
him to hold in his possession a GER
tain quantity of alcohol. He makes
reports to Seth Nav of Au-
burn concerning the use Of the alco-
hol. The uses are divided into three
classes. fit for beverage. unfit for
BEVERAGE and medicated alcohol.
Mr.. Sanborn questioned the wit
ness concerning the use made of his
alcohol during the month Of Febru-
airy and Mr.. Daviau read from a note
book concerning the distribution of
his alcohol. He declared that he did
not have it for Illegal sale and had
not sold any for such purposes as
ILLEGAL use as a beverage.
1T is true" said the Judge chat
i. is very difficult to detect drug
gist. Single sale is about the only
way. 1t is very easy under the pres