The Portland daily press., 1867-08-17
The Sale Of Hop secr NOT .Piehibited'


JUDGE wALroN's CHARGE.
The case of "State VS.. Weeks" which has
excited considerable interest in Augusta, was
decided Thursday afternoon. MIR. Weeks
manufactures and sells an article called Xxx
hon beer. barrel of which is made of two GAL
Ions of m ,lasses, ten pounds of hops, three
fourths of a peck of barley, a little coffee to
flavor the mixture, and thirty gallons of water.
The Judge Instructed the jury distinctly, that
this beverage was not an intoxicating liquor in
the eye Of the law, and the jury after consul
tation OF hive minutes brought in verdict Of
mot guilty" The following sketch of Judge
Walton's charge appears in the Augusta cor
respondence OF yesterdays Star:
shall give you in this case as in every case
all the aid 1 can as regards the law. The
charge against the defendant is of being
common seller of intox icating liquors. Inc
traffic of selling Intoxicating liquors is prohlp
tied in this Stale by law, and no man has a
right to sell the same unless he has been auiy
appointed as acity or town agent; IntoX M,o.
ing liquors" is the term used by the law. w nae
does il mean? Many years ago the Term spirit,
nous and Intoxicating was used. Courts held
II TO mean that which was distilled, such as
rum, gin, brandy and whiskey. Since that
time, the term "spirituOus" has been dropped
from the law. IL WAS u uouut III tiit lliuuS Vi
many II malt liquors were included in the
terms of tho law, and in 1864, the Legislature
passed an additional act declaring that ale
porter, strong beer, lager beer and all other
malt liquors should be regarded as in
toxicating liquors. The smallest beer
some per cent. of alcohol; therefore
it would not be safe to say that because beer
contains alcohol, it comes under the head of
intoxicating liquors, although it has an intoxi-
eating effect. What must be the test9 There
has never been any distinct line drawn. /
think if this beer does not contain three per
cent OF alcohol it should be classed with small
beer. Some kinds of beer are excluded by our
law and some are not. 1t is my duty to draw
the line liz this trial Inasmuch as the Legis-
lature in 1864 extended the meaning of the
term Intoxicating liquors." downward, SO to
speak, and included some articles about
which there was doubt, they went as far
as they intended and did not intend to
prohibit the sale of small beer
| There is no evidence that Mr.. Weeks beer
comes within the term sale, porter, strong
beer, lager beer or other malt liquors" 1T is
neither ale, porter, strong beer, lager beer, nor
other malt liquors. If it is prohibited at all
tits prohibited under the old law against in
toxicating hqu DIS. The sale of small beer is
| not prohibited either by the act of 1858 orsthe
act of 1854, and unless yon find that this beer
is as Intoxicating as lager beer. you should &C.
quit the defendant, for that is the weakest beer
| prohibited by law. The evidence n that by
analysis this beer contains two and half per
cent. Of alcohol, bnt this does not come up to
lager beer. The government in part relies up
on the effect this beer produced upon the party
drinking it. viii it do to assume that if any
kind OF beer has to be drunk in enormous
the head Of intoxicating liquors? / think this
falls under the class OF small beer, and even
if men do get drunk upon it, it does not come
under the term of Intoxicating liquors."