Los Angeles daily herald., 1889-02-17
W. MORE YOUNG.
The Distillery Case Still on
Trial Before Judge Ross.
PROSECUTION NEARLY ENDED,
A Miniature French Still Makes Alec
hOl in COurt-The Amount of
Brandy Made,

terday, both morning and afternoon
there were very few in the courtroom
outside OF the officers, witnesses, lawyers
and friends Of the parties concerned
The proceedings opened at IL o'clock.
James Devaney was recalled and testi.
fed that he helped to add brandy to the
wine on or about the I'd of November
He pumped about fifty gallons of brandy
into five or six puncheons of wine, capa.
BILE of holding 160 gallons each. This
witness had also been paid at the bank
on an order given by Mr.. Young, whom
he had seen at the winery weighing
grapes on several occasions.
Cross s-examined-I saw Young at the
winery on the oath of August, 1887,
weighing grapes. In November I saw
Young about the premises, and am as
certain of this as of anything have tes-
titled to. My memory was as good at
the preliminary examination as it is now.
In November Young stopped at the Gel
lar one Sunday and asked for the wine-
maker. This is the only time I saw him
at the winery, but saw him pass by on
his way home. They were not working
the distillery on that Sunday, He got
out of his buggy then.
In answer to a question as to whether
he had not testified on the preliminary
examination that Young had not got out
of the buggy, he replied that he had 80
testified.
District Attorney Denis offered four
checks in evidence for the purpose of
showing that Young had authority to
draw checks in the name of the Fruitvale
Wine Company.
J. Olsen testified that he lived at
Fresno in 1887 and had done some COOP
ering at the Fruitva)e winery. He knew
nothing about the burving of the tank,
but he had put it together in the cellar.
Young asked him to go to the cellar to
help put it down and he had gone there
on Sunday. Young and Eli Davis were
there and the tank was lowered with
block and tackle. The rope broke and
the tank dropped right in the hole.
When the tank had been put in Mr..
Young "kind of stepped around' on the
top of the tank. The top of the tank
was about six inches below the surface
of the ground, but it was not covered
with earth. This happened during the
latter part of May. Witness had made
out bill for the work and presented it
to Mr.. Young, who had given him en-
order to get the money at the bank. Wit
ness pointed to spot on the blackboard
design where he said the tank had been
buried.
The bill for the services of this witness
and an item in the ledger we're offered in
evidence.
Cross-examined--I was employed at
the cellar that season as cooper. There
we're fifteen tanks at the cellar, which l
put together at the same time. Davis
also came and asked me to put the tank
down. l can't remember where 1 was
when Young asked me to put the tank
down, but l was in town when Davis
asked me to put the tank down. Young
had only asked me when l could come
and put all the tanks together. did
not know what the tank was put in for.
knew the tank was being put down 10
hide brandy in. built the other fifteen
tanks at the same time l built this one.
When the tank fell in che ground Young
did not look as if there was anything to
be concealed. The tank would hold
from l 900 to 1900 gallons.
G. E. Gardner testified that in 1887 he
was employed by the Fruitvale Wine
Company. He had worked in the cellar
from the 10th of August to the 10th of
October, when he went to work in the
still at night. He worked in the still
FROM O'Clock at night till 6
O'Clock in the morning. He said
he was the night distiller dur
ing October and up to Christmas.
The product of the still was about 100
gallons of brandy each night while he
ran it. Witness had seen Young at the
winery while he was at work there. The
brandy that was manufactured was used
in fortifying wine. 1t was put into the
tanks where the wine was. The brandy
that was not used in fortifying wine was
put into the barrels and sold. Witness
did not know whether the tax had been
paid on the brandy, but he understood
that it had not been. There were no
stamps on the barrels. Young knew
that the still was running at night.
Cross-examined-The only reason l
think Young knew was working at
night at the still was because he knew l
took Warmers place. l never saw Young
in the distillery eitLer in the day or
night time. had worked in the winery
but | never knew that they were using
brandy to fortify wine until went on as
the distiller.
James R. Warner testified that be had
run the distillery of the Fruitvale Wine
Co. at night from about the 1st of Sep.
tember to the middle of October. He
had worked from P. NJ. to 6 A. M. and
was acquainted with Young, who gave
him draft for his wages. Witness had
turned out $50 gallons of brandy every
twelve hours he had worked. This brandy
had been either put into the wine or
else run into the underground tank.
This tank had never been used to age
wine. Witness and Mr.. Davis had dug
the hole in July for the tank. When
the rope broke and the tank fell into the
hole it fell all right and Young felt so
happy over it that he dumped on top of
it and danced a jig" The doors from
the outside were closed at this time;
When witness quit work Young asked
him, "Who is going to take your place
at night timer" Mr.. Davis and MIR.
Young both used to test wine with a
French still in the office.
Cross-examined-Young worked the
still himself but don't know whether he
was operating it correctly or incorrec ly. l
never saw Young in the distillery at
night time. / don't remember saying at
the examination that never saw him at
the still at any time. 1 did not gee him
there at any time at night.
Afternoon Session.