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Show I Is Sour Fruit Juice An Intoxicant or Cider? Important Question llnlhid In Recent Liquor Cnic Is Appealed lo District Saturday, tho two liquor cnsca of l.ulil City vh. UeorRo Deck and Lehl City va, Frank Smith were tried be-torn be-torn Ueoriji! Webb and a Verdict of guilty rendered In both Instance). Heck wan lined $125 und Smith $150. In the Keck cane the defendant contended con-tended that ho was In the vinegar uuBlnesiii and the stuff that was bought by Strleby, the detective, wan nothing more nor less than sour vinegar, even If It did contain some alcohol. Mr. Keek says that he has 1,4011 gallons In IiIh cellar of various ages, from a few days to several years, hut that none of It Is lit to drink iih a beverage any more than Is l'eruua or I .yd In 10. I'lnkham'a Compound. Ho says that 100 gallons that the olllcers have locked up In tho city Jail under the search and seizure raid was made from cherries jnashed and boiled In water with a little sugar In to make tho stun go sour, but that It Is less than two weeks old, and Is no more Intoxicating Intoxicat-ing than sweetened water. He maintains main-tains that though tho product purchased pur-chased by Strleby may liuvu had boiiio alcohol In It, It was too sour to be used for any other purpose than for vinegar, and that nil fruit vinegar has some alcohol In It before It finally reaches tho ago suitable for ubc. The city contends that tho stuff Is being sold for Intoxicating purposes and has been making boys drunk; that anything any-thing containing more than 2 per cent alcohol Is Intoxicating liquor. Tho bottle purchased by tho detective was analyzed by tho statu chemist and contained between 7 and 8 per cent alcohol. Mr. Deck polutB out that the rlimnlfit'fi nttnlvfilft fitnn iitimva (Tint II i H hnd turned sour. Tho question Is ',:- H when Is fruit julco Intoxicating liquor ;' JH and when Is It vinegar? In ono caso '"5H It may bo sold without a llccnso for ' jMHl making pickles; In tho other tho veu- WUt dor is liable to arrest for violating MM tho liquor law. lH In Frank Smith's cases tho testimony IM showed that one C. F. Strleby was fl employed by the city to catch Smith; M B that Strloby and tho olllcers wont to S Smith's plncc, and while the olllcers HI stood on the street opposite Smith's Mi home, Strleby wont In and purchased I and drank a bottlo of beer. Tho olll. 'WMW cers corroborated Strleby's testl-Hf testl-Hf m mony to tho extent of looking through Mm B tho opon door and seeing him drink "Mf the beer. They also smcllcd beer on HJ JR . ' hla breath when )uv catnn out. Mr. '3 Sxmlth put In no defenso at all, except- Mji Ing his plea of not guilty. Tho Justlco Mmfh Bavo u verdict of guilty and nfllxed a -Ktjro tine of $160. ifljiHME There seems to havo been an un- SMB duratandlug, at least on Smith's part, flja that If tho city would not push the V9J caso against his wlfo, who Is also flpEf under arrest for n Blmllar offenso, Bfttrt that ho would not appeal to the dls- Mvli trlct court, but would pay his line. 9B Mrs, Smith Is 111, and just prior to SjHj her husband's trial the officers went !$ to her home and alio entered a pica mjm or "guilty." vftR Aftor tho trial tho olllcers again BBpa went to her home and agreed to duo MH hex $50 provided her husband would J pay $150, making $200 In nil. The Bit city Bays that Mrs. Smith, having SB pleaded guilty, $50 Is tho least fine SBJI that can bo affixed In her caso. Smith BBl sayB that by pushing her caso tho city BflBt has broken a tacit agreement, so ho BDK has appealed tho case and given bomlB BmW and will try out tho Issues In tho dls- BJBB trlct court. HBB In tho meantltno Mrs. Smith re- BBBi mains uuscutenced, though having en- flfflB torcd-a plea of guilty. |