The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-05-29
THE GREAT LAGER BEER CASE.
A DRINK THAT WON'T INToxICATE.
Trial by Jury-Great Number OF Witnesses
Witness Who Got " How-came-you-so ("
on it-Six Doctors Who Tried and Didn't
Verdict, Not Guilty"

The case of the lager beer taken from
the German csfe-which, it seems, is kept
by Frank Jackson-came Off before Justice
II. w. Porter, at the office of Prout,
Simons s. Walker, Saturday morning. The
case had attracted considerable attention,
and at nine o'clock, the hour for opening,
quite a number Of spectators, lawyers
and witnesses gathered at the Office to wit
ness the trial. 1t Ia always nine till eleven
in justice court, however, and nothing of
| the trial was seen till about the latter hour.
Refora that time there was good deal OF
| discussion as to just how 'eAhilarated" Il
man must be before he is intoxicated, ana
various books from Webster's unabridged
sse.vor deYnr0' qeaulsitlon ! practical ex-
| perience WAS also freely consulted, and, the
the court not being in session, hearsay evil
dence produced of q man now living in
town who testified on q former tris! OF
this kind to having drank 1877 glasses of
lager beer in one evening and not having
felt any exhlarating effects from il. The
man, however, was not produced, perhaps
because, in the crowded state Of the courl
room, they would have been troubled fol
store room for his stomach.
AT 1O:45 the jury was brought ia by
Constable George Willis 1t was com.
posed of L. G. Kingsley, foreman, B. II.
Burt, James c. Dunn, J. B. Kilburn, Wal
ter 9. Landon and William B. Mussey.
The counsel engaged were L. w. Redlng-
ton, grand juror, for the state Prout
Simons 8 Walker and W. II. Smith fer the
defense.
MIR. Redngton ssid the case was, 1.-THE
state of Vermont VS.. One keg of lager
beer" seized May 9th, in the premises
leased by Frank Jackson, by virtue of
warrant issued under complaint signed
by j. III. Haven, II. N. Nye,and E. n. Mer-
RAM. MIR. Jackson had appeared and claim
ed the liquor, stating that it was not intox
eating liquor, and was not kept for sale
contrary to law; which question it was fol
the jury to determine. 1t had been ana
lyzed by DR.. j.. G. Lewis, in the presence
OF Dr. +. A. Pond, and found to contain
per cent. of alcohol. The hydromeler was
in court, and he proposed to show this by
DR.. Lewis, and also to show the percentage
OF alcohol in two years old cider, pei
cent; lager seized from A. h. Fuller,
per cent. Bass ale, per cent. ; porter, 4
per cent. all which were admitted to be
intoxicating liquor within the meaning and
intent of the statute.
The counsel for the claimant objected to
the comparative tests as irrelevant, and
claimed that they were trying the Gaze of
one key of lager beer seized in Rutland,
containing 6 per cent. of alcohol, neither
cider, Bass ale or porter; also, that it was
a criminal case, and should be under strict |
Both parties quoted a case |
in the Ninety-seventh Massachusetts re- |
ports, and the comparative test was ad- |
mitted by the court. The state then pre-
sented the following
Witnesses for Prosecution.
DIR. z. @. LEWIS
was the first witness called. Ho stated |
that he had analysed the lager beer with |
Dr. L. A. Pond on the day of the seizure.
The reading Of the hydrometer at that time
was little uncertain, he making it AID
DR.. Pond 8 per cent. To-day (poiniing to
hydrometers,n the table, it reads 81 per
cent. clearly. When lager beer ia left
opened after it reaches lis maximum of
fermentation 1t gradually loses it's alcoholic
properties and becomes acetous. He also
testified to the percentage of alcohol given
above in various liquors, and said that a
man could become intoxicated on present
use ale, which does not contain as much
alcohol as lager.
DIR. LORENZO SHELDON,
IT West Rntland, testified that he had
seized lager beer, and had it stored in his
cellar; had never drank it, and had no
xnowledge of Its intoxicating properties
rad never seen man whom he knew, was
trunk from lager beer.
DIR. 9. II. olIswOLD
estified TO the same effect as DR.. Shell.
Ion.
OSCAR PHILLIPS,
II Rutland, was called. He had drank
lad drank q good deal. Had drank lager
Saratoga had never got "very
lot on that alone. 'Drank all night and
only made me little light headed; drank
Ill was chuck full; till think l weighed
wo hundred" Ho was discharged With