Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-11-16
ONE SENTENCE IS
melted OUT IN
GARDINER COURT

One of the features of the busiest
day which the Gardiner Municipal
Court has seen In years was the trial
of Eben futile Of upper Water street
for the Illegal manufacture Of intoxi-
eating liquor. this case leading up to
the appearance of William o. Trip,
former Commander of the Benjamin
F.. Smith Post, American Legion to
answer a charge of assault and bat
terry complainant against futile for
Illegal manufacture.
The first witness to take the stand
in the futile case was Deputy Arthur
G. Robinson who said that when he
and Deputy Brown and Chief II. G..
Dunn of the Gardiner police force
made a raid at Tuttle's home Satur-
day they found a key, jars and bot
ties, which gave evidence of having
contained intoxicants. Deputy For
rest !. Brown testified that he could
smell the odor of beer in the bottles.
Ernest l.. Goodspeed who was counsel
for futile asked that the key be
brought into court, as If there was
liquor in it at the time it was found
by the officers there should be then
this was done, but the keg proved to
be empty. much to the amusement Of
the spectators.
Lee Spencer told the court that he
had gone to Tuttle's house with
load of wood and that he had had
several drinks there in the morning.
and that futile told him he made the
beer. Spencer said that he came to
at Tuttles house about o'clock in
the evening and was convinced that
the beer had .quite a kick to it
The testimony of the other officers
was corroborated by Chief Dunn who
accompanied them on the raid. After
the Chief had been heard Eben Tut
tie presented his evidence in his own
defense. He said that Spencer had
brought him a load of wood, but de-
clared that Spencer had brought with
him a MoXie bottle full Of alcohol,
Ruby futile. he said panied
Spencer to the bouse, and after sew
eral hours had passed during which
Spencer had been drinking, or at
about $50 Eben Tuttle ordered Spen-
Ger to go home, whereupon he said
Spencer attacked him and BACKED
both his eyes after which he left tht
house. Eben Tuttle told the court he
had not made any beer for four or
five months.
Ruby futile in giving evidence adj
mitted that he had accompanied
Spencer to Eben Tuttle's house. but
said that he saw no liquor there
other than that brought by Spencer.
But Judge Atkins ruled that Spencer
would not be telling such a story il
there was no truth in it, and there
fore said that he would find Eben
- oh IF
manufacture and impose fine of $500
and costs, and 60 days In jail, with
so DAYS additional in default of pay
ment. This was appealed and bonds
in the sum of $500 furnished for the
respondents appearance in the Janu-
airy term of the Superior court
The case of William Tripp for as
sault and battery was then heard
From the evidence presented It APP
peared that as futile came out the
house he met Mr.. Trip, and asked
him to go into the house to secure his
coat, as he was afraid of Spencer.
This Trip refused to do but said he
would wait outside for him. Then
Spencer came out and an argument
was started and it was alleged that
Spencer used profane language and
threatened Trip who finally hit Spen-
Ger and knocked him down. Mr. Trip
said that he with Ruby futile at
tempted to get Spencer into car so
that futile could drive him home but
that Spencer would not listen to rea-
son. At this point. j. Canter. Wa
ter street business man came along,
and evidently Spencer in his intoXi-
Gated condition mistook Mr.. Canter
for Trip and knocked him off the
sidewalk injuring his shoulder.
In summing up the evidence pre-
scented in this case which resulted
from the other Judge Atkins said that
while it was evident that Mr.. Trip
had used undue violence in the en-
counter that it was probable that he
was justified in doing so, whereupon
he dismissed the case.