Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-01-23

Young man who came so near DelnS
successful in bold single handed
daylight robbery of two houses In this
city. one of which was the Blaine
Mansion inhabited at that time by
Governor Percival 2. Baxter. appear
ed on Thursday before Judge Fish
er at the Kennebec county superior
court and withdrew pleas of not
guilty, pleading nolo contendre TO
three charges of larceny. In the case
Of larceny Of several articles from
the Blaine Mansion, which were the
property of Ex-Governor Baxter.
sentence of IL months in Jail was i'm
posed and he was placed upon pro-
baton. The other cases, charging
larceny from Mrs. Tomlinson. sister
of Ex-Governor Baxter. and from the
Heath home on State street. were
placed on file.
Guilty in Still Case
The case of State vs. Ernest Liable
of Augusta. charging illegal posses
sion of still. was the first criminal
case to come to trial at this term of
court and after being out but few
minutes in the early afternoon ver-
1 dict of guilty was returned by the
jury. He was released upon bonds
for his appearance from day to day.
to await sentence. He was repre-
scented by Attorney Samuel Titcomb
The case of State VS.. Carroll Tracy.
charged with single sale. was started
Immediately after and much OF the
testimony was introduced before the
adjournment of court. Tracy Is rep
resented by Attorney Ellsworth Pea
cock of Waterville.
4 Deputy Sheriff William H. Austin
was the first witness for the State in
the case against Liable. He stated
that in company with Deputies Magill
Parmenter and Rose he went to the
home of Liable on Waldo street on
November and that they searched
the place. He described the house,
which was . two-story and half
structure, the lower floor Of which is
occupied by Labbe's father. and the
next floor by Liable and a brother.
each living in a separate tenement
He told Of making the search and of
finding the still in the attic.
Deputy Sheriff Ed Magill corrobor-
ated much Of the testimony of Deputy
Austin and stated that while he had
not found the still he had found some
wine and beer there. He had seen the
still which Mr.. Austin had found.
Ernest Liable. he said, had claimed the
liquor and still.
II Deputy Henry Parmenter told OF
finding liquor containers and some
wine in other parts of the house.
Deputy William Cole stated that he
had not participated in the search but
that he had later gone there to give
the other deputies some advice as to
what they should take away as evil
dence. He had made a list Of the
stuff found and the floor upon which
and time
taken up going over this list.
Liable Case Defense
In defense, Mrs. Liable was called
to the stand. Through an Interpreter
she testified that she had been in bad
health and that DR.. Gingras had pre-
scribed wine for her. She had made
some and had used the, still simply
to strain 1t, using the top Of the still
as a sort Of funnel. The still was the
property Of tone Peter Gautier, who
had left it there about four years ago
when he went to Canada and had never
come back after it.
Mr.. Liable corroborated his wife's
testimony with regard to the still and
said that 1t had been kept in the spare
room upstairs. OF the stun which
was brought into the court room by
the deputies, he said he owned only
the wine and beer and the still There
were empty bottles, barrels and other
containers which he disclaimed all
knowledge Of. He had never sold or
intended to sell any liquor. The case
then went to the jury.
Abb in Tracy Case
Deputy Sheriff Arthur Goslin was
! the only witness on direct testimony
for the State in the case against Ira
cy. He testified that on the after
noon of November 2. which was a
Sunday, he went to the home Of
Carroll Tracy, whom he had known
| for q few weeks, and tried to buy
some whiskey from him. After
some talk they had gone to the home
of George Tracy. Carrolrs father,
nearby. and after more talk Carroll,
who at first claimed to have no whis-
key. although he was expecting
some. acknowledged that he could let
Goslin have a pint and he went into
the house. bringing it out to Goslin.
| Goslin had then taken it to Halo
we'll and turned it over to Deputy
Sheriff Cole.
The defense as stated by Attor-
ney Peacock was a general denial
Of the entire transaction and the pre-
sentation of an alibi, as several wit
nesses were brought to show that
Tracy had been one of a party that
had left Rome about g o'clock that
morning and had not returned un-
til after 10 o'clock that night. pass
ing the day at Pennington, visiting
with the parents Of Tracy's wife.
Ernest +. Hurd, owner Of the au-
tomobile in which they made the
trip, Mrs. Daisy Tracy, mother of the
respondent. Elsie Tracy, his sister,
and his wife all testified substantial
ly the same in this respect. The
respondent gave the facts about the
same and denied that he had sold
| anv LIQUOR to Goslin
A recess was taken before the res
pendent was cross examined and
upon returning to the court room
county attorney Frank Southland re-
quested that all witnesses for the
defense should retire from the court
room. This was allowed and the
cross examination took some little
time. Tracy denied having any
knowledge of wine In his fathers
cellar.
Henry Cox, who lives in Farming
ton and who was present when the'
respondent was visiting there on the
day in question also corrobhorated the
testimony Of the other defense wit
nesses, :
In rebuttal County Aattorney
Southland called Elsie back to- the.
stand and questioned her for some
time. Deputy sheriff William Cole
was also placed upon the stand but
as he had not been at the Tracy
home was not kept there but a min
ute.
Attorney Peacock here requested
that the states witnesses should al
so withdraw. Kirk Latin a young
man from Hallowell then testified
that he had been to the Tracy home