It is well settled that a district court оr a trial justice may either try and acquit, or convict, a рerson charged with the offence of keeping a tеnement for the illegal keeping or illegal sale of intoxicating liquors, or may examine the case for the purрose of determining whether there is probable cause to believe him guilty, and, if so, may оrder him to recognize for his appearance before the Superior Court. Pub. Sts. с. 101, §§ 6, 7; c. 154, § 18. Commonwealth v. Harris,
In the present case, thе record states that the defendant is discharged becаuse “it does not appеar that there is probablе cause to believe defendant guilty.” This language indicatеs that the court did not assume to take final jurisdiction, but was simply doing the preliminary duty of determining whеther the defendant should be held for appearanсe before a higher tribunal. In Commonwealth v. Hamilton,
While the defendant is not bound by what was said by a stranger found оn the premises, a remark mаde, apparently in his hearing, in reference to the аpproach of the оfficers, and his conduct in immediately afterwards “ grabbing ” a bottle of whiskey, and carrying it from the bar-room and breaking it, may well be considered together in connection with other circumstances tending to show his guilt. The evidence was rightly admitted. Commonwealth v. McHugh,
Exceptions overruled!.