New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-12
THE SEVENTH DISTRICT JUDGE ON
WHISKY

W Vidal
Thomas Wharton Collens, an old resi-
dent, old lawyer and old judge though
never younger in any individual sense
originally successor OF Judge Cooley
father of the Sixth, on the bench of the old
City Court abolished in 1S45-presdes
over the Seventh. No one knows any:
thing unknown to the presiding Judge, ex-
cepting what ought not to be known; and
when counsel fail to disagree or witnesses
to differ, his Honor expounds issues and
propounds consequences just the same It
happened the other day that real business
man, who signifies his vocation by means
Of the significant words on his store walls,
painted large, 'compounder Of liquor!,"
was elected defendant in certain suit for
the wages of plaintiff as compound-r.
In respect to testimony, everybody
knows-everybody is a lawyer that all
is admissible unless objected to by the
party or counsel concerned, it being con-
sidered that courts are only to decide
issues. But our judge, although an unde-
niable jurist, is-not fndisputably-a law
pedant, and no opiate could have restrained
his unconditional hostility to testimony
concerning 'compounding,' which oppos-
ing counsel accepted on the strength of the
Federal license, but which the Judge, in
vinsicaton of local authority, pronounced
Mill, and would not entertain.
The light thrown on the case by the
witnesses disclosed various paradoxes, less
amusing than melancholy, but mixed.
For instance, one. an old merchant who
knew all about compromising liquors,
having himself been such in better times
to lucrative extent, did not know at
that moment what ma terials were used in
the exercise of such art. Thereupon the
dialogue developed itself about as follows
BIZ the Court. This compromising means
making WHISTLES?
Witness. Yes, sir.
G. What is whisky originally made from ?
W. Corn or rye.
c. In compromising do you use corn or
.ye?
W. No, sir.
c. What do you use?
W. Neutral spirits.
c. Why called neutral spirits?
w. Because it is spirits without flavor.
Z. What, then, do you use to give il ,
lavor?
In reply, witness did not know ,ohat was
sed, but knew how to use it; did not
now If it was strychnine or other poison, t
ut had not been poisoned himself, and
ould not say if he had poisoned Others I
c. When you provide what is required to /
i've 1t flavor, is it Of the necessary color? '
w. No, sir. q
G. Then something is required to color it |
hat do you use?
Witness again did not know; he knew, Q
owever, its use when furnished to him: G
i'd not know Of its destructiveness in re- e
oect to life; it had not slain him. a
Citizen what is compounded for whisky d
an imitation of real whisky, containing Ii
ore of the original qualities of either n
ourbon or Monongahela? O,
W.-Not much, sir. r
C.-Don't you know that these are corrupt ii
'actices, and that courts of justice can not Ii
galiZs them?
WI know they are lawful enough to be %
,ensed at large sum, which absorbs is
'out all the gains. 1t has become foolish W
actice at least. Al
In this passage at arms the Judge was n
rhaps not better at thrust than the wit o or
ss at parry: but the advantage of the
rmer lay in his having a reserved right VI
pronounce-which he did forthwith
the entire wastefulness of mercantile de
1e and professional talents in bringing III
fore him any demand for the wages of tn
Oh work as compromising poisons to sell DR.
whisky. There was judgment against wi
J plaintiff, with costs. Sc
on