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Show I is Sour Fruit Juice I An Intoxicant or Cider? important 0,iiciUoii Hnlnotl In lucent "I liquor Cine l Appcnlfil to District H Saturday. tin1 two lliiuor cimoa or Pel M City Ucorfio 1Jcck ,1,,d Lchl City vs. Frank Smith woro rlcd be- ' f GcorBO Webb nnd n verdict of "' wllty rendered In both liiBtunecB. ill I Beck wns fined $125 nnd Smith 150. I in tho Deck caso tho defendnnt con- "iB tended that ho wns In tlio vinegar taslncss nnd the BtutT thnt wns bought ...JB hv Strleby, the detective, wna nothing I llfl more nor less than sour vinegar, oven InH If it did contain Bomo alcohol. Mr. Bock says tlint he has 1,400 gallons In his cellar of various ngoa, from n (ew days to sovcral years, lut that none of It is lit to drink ns a beverage nt ny more than is l'oruua or Lydla 13. rinkham's Compound. Ho snys thnt mo gallons thnt tho officers have locked up In tho city Jail undor the 1 n(B search and sclzuro raid wns mado from lumvB cberrfca mashed nnd bojlcd In water , . ith a littlo sugar in to make the stuff. M sour, hut thnt It Is Icbb than two cci(s old, nnd Is no more Ititoxicut-I Ititoxicut-I ne than sweetened water. Ho mnln- Ulns that though tho product pur-P pur-P I chased by Strleby mny hnvo hud some L alcohol In It, It wns too sour to bo used for nny other purposo than for rA" vinegar, and that all fruit vinegar m hDi somo alcohol In It before It Anally M reaches tho ago sultablo for use. Tho cty contends thnt tho BtulT Is being i'oulnB ,0i,i (or intoxicating purposes and has been making boys drunk; that any-onul any-onul thing containing more than 2 per cent ibUHB aiCohol Is intoxicating liquor. Tho tottle purchased by tho detective was ., analyzed by the statu chcinlHt nnd I contained between 7 nnd 8 per cent I alcohol. Mr Heck points out thnt the . i vM chemist's analysis also shows that It '" juj turned sour Tho question Is n Tom hen Is fruit juice Intoxicating liquor and when Is It vinegar? In one case m It-may ho sold without a llconso for mailng pickles; In tho other tho von- " dor Is liable to nrrest for violating I the liquor law I In Frank Smith's cases tho testimony ihoved that one C. P. Strleby wns I eaploycd by tho city to catch Smith; I tht Strleby and tho officers wont to faith's place, nnd while tho officers stood on tho street opposlto Smith's I home, Strleby went in and purchased 'and drank a bottle of beer. Tho ofll. II cers corroborated Strleby'a teotl- moor to the extent or looking through the open door and seeing him drink the beer, They also smclled beer on I hk, breath when ho enmo out, ' Mr. Mwsjtftput lu no iMpuna,Hb;Uf amavia MfflrploA-of not gulUyTheTiustIce PWl tordlcl of guilty nnd hffixed ii Uae of J150. . There seems to havo been an un-dtrstandlug. un-dtrstandlug. at least on Smith's pnrt, that If the city would not push tho cue against his wife, who Is nlso under arrest for a similar offense, that he would not appeal to tho district dis-trict court, but would pay his. fine. Mrs. Smith U 111, and Just prior to r husband's trial tho officers .went to her homo nnd she entered n plen ot "guilty." Alter tho trial tho officers agnln nt to her home and ngrced to Jlno her (50 provided her husband would P7 1150, making $200 In all. the tf says that Mrs. Smith, having - fd guilty, $50 Is tho least fine ttran bo nfftxed In her caso. Smith sjbsjM k that by pushing her case the city mi broken a tacit agreement, so ho Mssppealed the case nnd given bonds M m try out the Issues In tho dls-"M dls-"M court. la the meantime Mrs. Smith re-nMunseiitcnccd, re-nMunseiitcnccd, though having cn-ed cn-ed a plea of guilty. |