The Republican., 1954-09-30
Found Guilty of
Unlawful Sale
OfUntaxed Beer

The percentage Of return upon
the five indictments returned by
the September Grand Jury was
considered small when the criminal
docket was called this past Mon
day.
George Dutch" Fazenbaker, 40,
of near Keyser Ridge, entered
plea of guilty to a charge of un-
lawful sale of alcoholic beverages,
and was sentenced to two years in
the Maryland House of Correction
by Associate Judge Morgan C.
Harris. The sentence was sus-
pended and Fazenbaker placed
under parole for a like period.
Fazenbaker is unemployed and the
father of seven children. His wife
and children were in court on Mon
day.
States Attorney W. Dwight
Stover said that the charge grew
out of an act on March 16, when
Fazenbaker sold eight bottles of
beer to agents Of the Maryland
Alcoholic Tax Enforcement unit.
Fazenbaker had no license to sell
beer, and the beer sold did not
have the County tax paid on it,
Stover said.
Two Of the other five indictments
were on charges of bastardy and
both defendants requested that
blood tests be made, which auto
matically continues both cases. De-
PENDANTS were Joseph Kisner and
Walter Reed Butler. Indictments
against two other persons in the
county are still pending, since the
warrants could not be served, due
to absence from the county.
Appeals Cases Cited
In the several appeal cases one
was tried by jury and the de
PENDANTS were found not guilty.
Three persons, Floyd E. Wilhelm,
Francis w. Mckenzie and John
LaBuski, who were charged with
tampering with and damaging a
motor vehicle, and found guilty at
hearing before Trial Magistrate
c. S. Zeller, at Grantsville, took
an appeal and were represented by
S. r. Pagenhardt. The jury
brought in a verdict of not guilty.
Ralph r. Humberson, charged
with overlooking his truck, paid
his fine Of $37470, as assessed by
Magistrate W. O. Bitter on June
10, and dismissed his appeal.
Appeal cases involving three
men were continued in order to
give additional time to the de-
PENDANTS to pay their fines. They
were listed as Ernest burst,
charged with overload and fined
$552 and costs by Magistrate Bit
zer; Larry Lawson, charged with
overload by Magistrate Karol
Rush, Friendsville, and fined 1922
and costs; Jackie Yommer, three
cases continued, one on a charge
/ Of operating a motor vehicle while
under the influence of Intoxicating
liquor; one for operating a motor
vehicle while the privilege was re-
] fused or revoked; and another for
making false statements to re-
ceive an instructors permit. He
was fined 500 and costs on each
of the three charges by Magistrate
Zeller. He too will be given ad-
ditional time to raise the amount
of the fines.
MOsser Not Guilty
Frank l.. Mosser, who appealed
case wherein he was found guilty
by Magistrate Bitter of destroy
ing, injuring, defacing or molest-
ing" a bridge owned by the B. and
O. railroad at Frick's crossing near
Deer Park, and sentenced to year
in the House of Correction, was
found not guilty by the court for
lack Of evidence
Mosscr was being tried before a
jury but before the case had been
completed the Judge granted di-
rectcd verdict of not guilty for
lack of evidence. Mosser was de-
Tended by Stuart f. Hamill, Jr.
Testimony in the case showed
Mosser had consumed 30 bottles
of beer on the night the bridge
caught fire and was found asleep
near the scene
The docket was one of the light
est in years, and the September
term was completed in one day.