QUART OF EVIDENCE.

New Zealand Herald, Volume LIX, Issue 18089, 13 May 1922, Page 2 (Supplement)

QUART OF EVIDENCE.

APPRECIATIVE JURYMEN. ALLEGED BOOTLEGGERS FREED. A jury in the Federal District Court in Brooklyn, New York, where Judge Harlan B. Howe, of Vermont, was presiding in liquor cases, received a quart bottles oi "Old Continental Kentucky" by direction of the Court to taste as evidence. Judge Howe grow impatient when he was informed that a Government chemist would make an analysis of the liquor_ produced in the case, of Mrs. Mary White, Anthony Cassese and four other defendants, who were charged with having offered to sell 200 cases of the whisky at 65 dollars a case. The whisky was seized by enforcement agents in a drug Fitore in Brooklyn, where they said it was to have been delivered to customers. " What's the uso of giving it to a chemist?'' tho judge complained. " That's a waste of time. Open up a rase and let the jury t-aste it. Those men can tell whether it's liquor or not. Anybody knows good whisky." One of the Court attendants produced a bottle. According to the label it was made in 1916 and bottled in 1020. He pu'lcd the cork and handed it to the foreman. No glasses wore used. The bottle was passed along the. juiry box and all but two of the jurors took a drinkThose who sampled tho stuff mado no effort to disguise their pleasure.

No defence was offered after the Government testimony was in. Judge Howe directed the disehargo of Cnsseso and sent the case against the other defendants to tho jury on the charge of transporting liquor. The counts alleging conspiracy and selling were dismissed.

At fivo minutes to one Judge Howe finished charging the jury and instructed them to have- lunch and to "*' take the evidence with them." When they returned the bottle was empty. They returned a verdict of not guilty for all fivo of the defendants.