THE LIQUOR LAW.

Otago Witness, Issue 2805, 18 December 1907, Page 25

THE LIQUOR LAW.

AN INTERESTING POINT. (Farac Otjb Own Cosihispokdxnt.) OAMARU, December 9. - At the Magistrate's Court this morning Mr Turton, S.M., Bned Da-rid Boland, exlicensee of the Papakaio Hotel (closed, sine© No-license), ' 3620 and costs, for keeping liquor for sale within a. No-license area. December 10. The cases brought by the police against several vendors of soft drinks were heard"', at the Magistrate's Court to-day before Mr R. H. Turton, S.M. The Question at issue ' 'was whether or not certain liquor* were intoxicating, and saleable only by licensed vendors in license areas. Thomas Tansey's case was taken firsts , The facts, which were practically admitted, . were that the police purchased liquor frontdefendant on the 9th October, and then' .submitted it. to Professor- Bickertan, of. Christchurch, whose certificate wa» that) it was . intoxicating. • . ... Professor Bickerton in evidence stated that tbe beer contained 2.45 per cent. os[ absolute alcohol, equal to 5.39 per cent. OS : proof spirit, while the other sample (porterscaptained 2.79 per csnt. of alcohol, or equal to'6.J3 y per cent, of .proof epirif. <T/hey.wero f both fermented infusion, and in ik* opinion, - intoxicating. Compared with other beers, he found that 16 samples of American beer gave an average of 2.78 per cent, of pure alcohol, while Crown beer gave as low ai 4 per oent. Any hop beer that was fermented was beer, and in his opinion the vendor could be prosecuted. Alcohol he regarded as a stimulant, but never as a food. Much depended upon temperament as to what was intoxicating liquor. For the defence & large amount of expert evidence was led. Doctors Whitton and Garland, of Oamaru, Mr G. M. Thomson, of Dunedin, and Dr Blomfield, of Dunedin, all agreed that anything containin; less than 3 per cent, of alcohol could! not be regarded as intoxicating. The quantity of alcohol absorbed in drinking euch liquor would be small, and the dilutionwas so heavy as to diminish the effects. In drinking a bottle of the beer described enly three-quarters of an ounce of pure alcohol wouH be imbibed, or no more than would be contained in an ordinary nip of whisky. The latest opinion was that tbe average person might take an ounce and a-half of pure alcohol per day without suffering any serious effects. Tbe Magistrate remarked that, in the face of the conflicting expert, evidence as to wHjit waa intoxicating, he votild not convict, and the case was dismissed without costs. The other cases were withdrawn, but counsel for the prosecution mentioned that an appeal would be taken to get a Supreme Court ruling. Mr Lucas (of Messrs Hislop and Creagl) prosecuted for the police, and Mr Grave, with him Mr Ongleyj appeared" for defendant. AUCKLAND, December 9. The police raided a boardinghouse in Grey street early on Sunday morning, and" unearthed a considerable quantity of liquor in various rooms. In one room two persons were found in an intoxicated condition, and in another two men were discovered in possession of a bottle of whisky.