Show A victory ViC TOsy ariit sal BU A case icar sis BOSTON ju iv 7 pec tul A boston jury has elih d the of disapproval on the recent order of the board of paiit e compelling the closing of all bars and the of lood with ii ducr to patrons who must first sit at tables before drinking yesterday the case of diaries W was tried in the superior courland Cour tand he was acquitted this was the case selected by the board of police as a test case and in view of the verdict it is claimed that the war on the saloon ia practically at an end the evidene evi dune is similar tu that introduced when the case was tried in the lower court and tended to show that the defendant kept a birst class restaurant in which there were tables and at one side of the room a counter eliat he served food and drinks to customers at the counter and food and drinks sometimes drinks without food at the tables but never served drinks without food at the counter assistant ass district attorney proctor rested the government aises entirely on alie definition of alie word bar and in this regard judge masons ruling is of importance lie said in substance the vital question in this case is whether tho dependant de kept a public bar there is some doubt as to the meaning of these words and until the supreme court defines more clearly than it yet has done what a public bails we must grope about somewhat in an endeavor to ascertain the meaning of the words A table may be a bar but is not necessarily so because used to furnish customers with liquors if a man goes to a place sits down at the table and orders from the liquor without food and it is brought to him that does not necessarily constitute the table a public bar it ia not the particular form of the furniture used but its use that decides the question it is usually understood that a bar is a contrivance or structure where drinks are served to customers standing but this ia not essential any device intended to accomplish the purpose of alie rapid serving of drinks may be a public bar as a shelf or seat in front or counter where a customer may temporarily rest while being served alie mere fact that liquor is served without food does not make tho device in which it is served a public bar the effect of the ruling is to leave it to the jury in every case to say whether the contrivance aed is a public bar cr not the jury deliberated only an hour and returned a verdict of acquittal the liquor dealers who have been watching the case with a great deal of anxiety are please at alie turn of affens while the temperance people are na disgruntled at aliis black eye which their cadee has received |