Morning journal and courier., 1889-05-21
ELLIOTT PASSOVER WINE.
A Philadelphia Man Convicted of Sell
 ing 1t Without a License.


 From the Philadelphia Press
 Philip s. Spero, of 7O1 South Sixth street, was yesterday brought into the Old Court House and tried before Judge Finletter on the charge of selling Passover wine without a license. Spero is 8 Russian Hebrew and has been in this country only three years. He is in partnership with his brother-in-law, MT. Isaac Goldberg, of New York city, en- gagged in the manufacture of what the He- brews call 'sraisin wine'' or Passover wine,"
 which is used in the Hebrew Russian cere-
 mony three times on their Sabbath (Satur- days), and during the whole time of the Passover The canons of the church require that the wine be unfermented. This is the first case of its kind that has been brought under the act of 1SS7.
 Officer Henry Casper, of the Third dis trict, who is also Hebrew, testified that on April 10th, 1887, the day preceding the commemoration of the exodus of the Israel ties from Egypt, he went to the butcher shop of Morris Rosen and asked if he could obtain some liquor. Rosen replied that he had none, but that Spero, who was up stairs, could help him out. Spero was called and the officer asked him if he had any liquor. Spero replied that he was out of liquor, but had some wine which he manufactured for religious purposes. "Wen, replied the of- ficer, s'glYe me bottle of that, as I want it to celebrate the Passover tomorrow" Spe- TO gave him quart bottleful, for which he paid sixty cents, and the officer walked away. He gave the wine to his lieutenant, and the latter sent it to Dr. James Kyner, who is associated with Professor Leffmann, and ia superintendent at the Polyclin1e col- 1 lsee, Broad and Lombard streets, for analy- sis Spero told the officer that he manufac- tured it only for religious purposes. l Dr. Kyner testified that he had analysed the wine and found that it contained sixteen Der cent. of alcohol. "The wine," said the doctor, should have no spirit whatever in | it to be used in accordance with the Hebrew ceremonies" This wine, however, is intoxi- eating. It had been allowed to ferment ten days.
 \ Lawyer Singer, of the firm of Furth SS Singer represented the defendant. He called ! the accused, who testified, through interpre | ter Samson, that he had been in this country \ only three years, and that he formerly lived with his father in England, from whom he l had obtained the recipe for making the wine. He had made 1t in England after his l father died, and when he came to this coun- | try he formed partnership with bis broth l er-in-law, Isaac Goldberg, of New York, for | the purpose of manufacturing and selling | this wine to the Russian Hebrews in New ! York and Philadelphia. He said the wine ! was not intoxicating. and he had no inten- l tion of breaking the law. He did not take out State license because he thought he l came within the act of the Assembly of 1872. He had a government license, however, last year, and had applied for one this year.
 Ills brother-in-laW, Goldberg, next took
 the stand and told how the wine was made. He said it was made of California grapes, raisins, sugar, blacKberries and water. He did not know whether it fermented or not. Judge Finletter, in charging the jnry, re- ferred to the fact that Spsro had manufac- tursd the compound. sold it as and called it ! md ha shOuld Ina ha19 ble to the law. If it was vinous it was against the law to sell it. But as the ingre-
 dients, California grapes, raisins, blackbe
 ries, coloring, sugar and water, were used
 without guilty intent and for religious pur- ! poses only, the prisoner should have the ben
 eft of any doubt. The prisoner was very
 negligent in his duty to his congregation 1T
 making the wine and allowing it to stand fol
 a week or ten days, as he says, for fermenta tion, and thereby producing the alcohol iron
 the sugar and water. The judge thought il l was for the jury to decide whether the father ) of the accused could make it for three oi four years and not know it was Intoxicating
 The jury brought in verdict of guilty witE } | recommendation to mercy. He, with ms ] brother-in-law, Isaac Goldberg, of New } York, engaged in the manufacture ot wnat the Hebrews call Passover wine, made oi California grapes, blaekberries, sugar anu 3 water and used for religious ceremonies;
 Mir Singer counsel for the de1enuaht' - made sn appeal to the court for mercy on : the ground that the law had not been vloia- l ted Knowingly or with any intent to evade . She law. He stated that the defendant had : given up the business after his arrest, ana T s tha indae would discharge him on his good = bebsyior there would be no further cause o q complaint.
 The judge said that he would consider tn ? matter, and he would for the present alloy 6 | the prisoners to renew their bail in the sun l of five hundred dollars to appear whe
 wanted.