Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-09-23
Complete All Cases for
Trial-Judge Fisher
Pronounces Senten-
ces Again Today -
Expect AID j O r n
ment on Friday

With the completion Of the case Of
Marjourique Mercier Of Waterville,
charged with the operation of a
motor vehicle while under the infiu-
ence Of intoxicating liquor, and In
which a verdict Of guilty was re-
turned Wednesday afternoon by the
jury at the September term of the
kennebec county superior court, all
cases which were to be tried by the
jury were finished and the members
Of the panel were accordingly dis
missed with thanks by Justice Will
liam II. Fisher. presiding. All crimi-
nal cases In order for sentence will
be disposed Of this morning and the
court will hear divorces and court
cases today and Friday. Court will
adjourn finally on Friday night.
Four sentepces were pronounced
on Wednesday as follows:
Marjourique MERCER, found guilty
after a jury trial on a charge of
driving a motor vehicle while under
the influence of intoxicating liquor,
was sentenced to pay a fine of 500
and costs and to serve 80 days in
jail
John Berube of Waterville, charged
with Illegal possession of intoxicat-
ing liquor, and who pleaded nolo
contendre, was sentenced to pay a
fine of $500 and costs of $50 and the
case was placed on file on payment
Frank Andrews of Belgrade,
charged with assault and battery on
Harry Schriver, also of Belgrade,
was given term at the Mems Re-
formatory at South Windham. This
Is an indefinite sentence. In pro-
nouncing sentence after a plea for
leniency had been made by Attorney
Thomas Leigh, representing the re-
spondent, Judge Fisher declared that
in some states there are complaints
that there are many crimes of vio-
lence and that the criminals are not
being punished as they should be.
He declared that in his opinion this
is not true in Maine and that he did
not want it to be true here. The
only way to prevent it, the judge
continued, is to give adequate pun
| ishment, punishment that shall tit
the crime. This may have some ten
dency to deter others who realize
that the fact that crime was COM
mitted while temporarily in a fren-
w will not tighten the punishment.
/ He pointed out that the crime which
the respondent had committee was a
| very serious one, and that he was
fortunate that it had not ended in a
| case of murder or manslaughter.
Andrews was the man who as
saulted Schriver last July in Bel
grade, using a bush scythe blade and
inf1icting serious scalp wound in a
frenzy over Schriver's attention to a
young lady In whom Andrews was
mcch interested.
Carroll Tracy of Rome was ar
| raigned on an old indictment of sim
gle sale, to which he had pleaded
guilty in January 1925, and which
| had at that time been placed on file.
Tracy has since been in trouble two
or three times and there was n
charge of larceny against him at this
term of court. County Attorney
Frank Southland brought up the old
indictment as the best means Of dis
posing of the man. He was sentenced
to serve four months in Jail and to
pay fine of 500 and costs, or to
serve two months more.
Lawrence lott of Houlton, charged
with operating motor vehicle while
under the influence of intoxicating
liquor and who failed to appear
Tuesday morning when his case was
called for trial, appeared on We'd
nesday. A default of bail had been
entered Tuesday, but this was re E
moved after his appearance and he
furnished bail for his appearance at
the January term of the superior
court
MERCER Testimony
Lieut.. Joseph Young, Jr., Of the
State Highway police, was the first
witness to take the stand for the
State in the case against Marjourique
MERCER, which was started at the
opening of court on Wednesday. He
testified that on the evening of July
5, 1926. at about 9 o'clock he re-
ceived a call to go to the Weber
Pond road in Vassalboro to investi-
gate an automobile accident which
had occurred near the residence of
Ira Robbins.
Accompanied by Officer Malcolm
O'Brien of the State force and by
Officer Perley Stevens of the Au-
gusta police he went at once to the
scene of the accident. There he
found that two cars, a Chevrolet
which he -afterward determined was
driven by MERCER, and a Ford had
been in collision. He found both
machines on their wrong side of the
road and the Mercier machine had
run against a tree in such way
that the springs, which on that par
ticular type of car stick out in front
of the radiator. had spanned the
trunk of the tree, which fitted just
right so that the machine was held
fast.
He had talked with MERCER, who
admitted that he was driving the
car but who said that he had not
been drinking. The officer testified
that he could smell the odor of al
cohol on his breath when he asked
the respondent to blow in his face,
that Mercier walked unsteadily, his
eyes were dilated and he was very
much in evidence at the scene of
the accident. He testified that Mr..
Robbins grandson had handed him
a bottle which was picked up near
the machine and which contained an
alcoholic beverage.
Officer Perley Stevens corroborat-
ed this testimony. except that he
had not smelled liquor on Mercier's
breath. He had been in the car in