Commonwealth v. Hayes

• Decision Date: 24 November 1896
• Citation: 45 N.E. 82,167 Mass. 176
• Parties: COMMONWEALTH v. HAYES.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

167 Mass. 176

45 N.E. 82

COMMONWEALTH v. HAYES.

Supreme Judicial Court of Massachusetts, Plymouth.

November 24, 1896

This was a complaint charging the defendant with maintaining a liquor nuisance in Brockton, between January 1 1895, and September 26, 1895. There was evidence tending to show that between the dates in said complaint large numbers of men were seen to go to the premises, which consisted of a house with a large barn attached thereto, the barn facing the street, and standing from 60 to 70 feet distant from it; that men were seen to go to the barn and into the yard sober, and come away intoxicated; that the defendant was often in the driveway between the street and the barn, talking to the people as they went and came to and from the barn. There was also evidence tending to show that on several occasions in January and February, 1895, one Goodall had gone into the barn, found the defendant and one Campbell there, called for liquor, received it from and paid the money for it to Campbell, and came away. Upon the service of a search warrant on September 25, 1895, liquors were found in the barn, in the harness room, under the floor of the shed or kitchen. There was no dispute but that the defendant owned the premises, and lived in the house from January to May, 1895. There was also evidence tending to show that between May 1st and September 26th defendant was living at his summer home at Onset, but came to his house in Brockton every two or three weeks coming on Saturday evenings, and remaining until Monday morning; that on such Sundays he was about the place, seeing and talking to the people going and coming to and from the barn. The defendant offered Campbell as a witness, who testified that he hired of the defendant two rooms in the second story of the barn, a stall for his horse, with privileges of keeping his hay, grain, and carriage in said barn, in common with others to whom defendant also let stall room, and the privilege of using the harness room that was connected with the barn; that for these rooms and privileges he was to take care of defendant's horse, and do the chores about the barn; that this arrangement continued until May 1st, when defendant went to Onset, after which time he paid to the defendant one dollar per week in addition to the work he did, and also took care of the barn. Campbell also testified that soon after he took possession of the rooms he commenced to sell liquor, keeping it in the cellar of the barn, the harness...