Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-07-28
Found Not Guilty
Driving Under The
Influence Sunday

Inc trial OF Oulna Roy, charged with
operating Ford touring car while un-
der the influence of intoxicating liquor,
was held In the municipal court room
yesterday afternoon at $50 o'clock. F.
Harold Dubord represented the defend
ant, while Thomas Weeks of the law
! flrm of Perkins & Weeks handled the
case for the State. Judge Charles w
Atchley presided. Upon the motion
of Mr.. Dubord, reading Of the warrant
wais waived and a plea of not guilty
entered.
Victor Palmeter of Vassalboro was
! the first on the stand to testify, stat
ing under examination that he was
motoring south along Bay street at
about $40 p. NJ. Sunday when his car
was struck by the Ford driven by Mr.
Roy. His car was hit on the left
front hub cap and damage done to
mudguard and left front wheel He
said that the Ford came toward him
at an angle, and that he found it inn
possible to avert being hit. Hardly
had he received the shock of the colli-
sion when he heard a crash close be-
hind him and turned to see Mr.. Roys
car collide with a powerful Buick Sc
dan from Massachusetts. II was in
in the second collision that Roy was
catapulted through the windshield.
sustaining a severe shock and bruises
about the face. Upon being asked by
the States attorney as to whether he
thought Roy was under the influence
of liquor, Mr.. Palmeter answered that
the matter of drink was not suggested
in any way at that time.
Wellington Reynolds, deputy sheriff
and constable, of Winslow. was next
n he L
was standing on the corner at Prostor
& Bowie's store when he was informed
that two cars had come together Co.
ing Immediately to the place Indicated.
he found Roy bleeding from the nose
and face and groaning loudly. After
helping to get him out of the car and
laying him on a cushion placed on the
ground, he asked the injured man If
ne wanted a doctor or rather suggest
ed to him that he would call a doctor
Roy said he didn't need one. He fur
Their testified that the man acted as if
he had been drinking, and that he
caught the odor of liquor from his
breath.
MI. Dubord then examined the wit
ness asking him if it was his opinion
that bent wishbone on the Ford
would tend to carry it to the west
Sa1Q
1T probably would. He said that he
understood that a doctor had been
called but none came. After having
stated that Roy's face was very red
at the time of the accident Mr.. Du-
bord asked him if he ever saw the
man when his face was not red Mr.
Wellington answered that the man
was of a naturally florid complexion.
Deputy Marshall Thibodeau, who
had been called to the scene Of the
collision said that he was conscious
of something wrong on Roys breath,
but could not say it was liquor. Of
f1cer Mahue who was with Mr.
Thibodeau at the time said he did
not smell strong drink, but that man
acted rather wild.
Mr.. Roy, testifying for himself on
the stand, said in giving an account
of his actions that day. he went after
breakfast to George Pouliotte's
house to aid him in repairing his
auto. staying there till nearly 4 P. M.
From there he went to his father-in-
laws farm, and on the way back one
of the front wheels came off, which
he believed bent the wishbone, the
car steering rather hard from then
on. Later he went to Pomerleau's
garage to have car repaired. Mr..
Pomerleau could not do the job until
the next day, so he drove off, the ac-
cident occurring about five minutes
after leaving the garage. He said all
he had drank that day was two bot
ties of Pilsner beer. which is legal
beverage. George Poulotte, Andrew
Roy, Frank Toulouse and Joseph
Pomerleau all swore that so far as
they knew the defendant was perfect
ly sober. AS to his actions in resist
ing the officers in an attempt to get
him home, it was shown that the man
was excited and nervous and possess
ed of a quick temper.
During the trial, technical points
relative to the functioning of the
wishbone was explained by Mr..
Pomerleau.
After short consideration of the
evidence Judge Atchley found the
man not guilty and discharged him.