The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-06-14
PACKAGES ALL RIGHT.
A Decision in Their Favor by Penn
sYlvania JUDGE.

PITTsBURG. Pa, June 13-A profound
sensation was created in this portion of the
state this afternoon by the decision Of an
Armstrong county judge III an original
package case. Some days ago Charles Sill
Verman. resident of Allegheny county,
opened an original package store in Leech-
burg, local prohibition town in Arm
strong county which is also prohibition.
Silverman claimed to be acting as an agent
under power of attorney of the
Cincinnati Brewing company, OF Ham
iltOn O. He made his sales
and was promptly arrested and placed on
trial before Judge Mayburn at kittanning,
the county seat of Armstrong county.
The temperance people were up in arms
and pushed the prosecution strongly,
claiming that Silverman was violating the
laws by selling liquor without a license;
also that he had sold to minors and to
men of known Incorporate habits.
Silyerman, who was backed in his
defense by the brewing company, adj
mitted that he had sold beer in
kegs. half barrels and barrels, but denied
and proved that be had not sold to minors
and claiming he not knowingly sold to
men of Incorporate habits The defense
also claimed he had not violate any liquor
laws by selling these original packages
and proved them to have been unbrOken
and to have been duly sealed and stamped
as required by the United States laws:
that there could be no conviction in his
case, as under the constitution
and laws of the United States
relating to commerce between states, he
was fully protected in selling original
packages, shipped from Ohio to Pennsyl-
Sania.
Judge Rayburn, on his charge, refused
to consider the evidence of the proSecu-
tion in regard to the local prohibitory law
aud affirmed those relating to the United
States interstate commerce. law. He
said it was a mere question of fact
for the jury to learn whether the
packages were the identical and
unbroken cases shipped from Hamilton
O., to Silverman. II the jury were salts
fled, the Judges charge continued. that
these were the original packages, that Sill
vcrman had a right tomake the sale ac-
cording to a recent decision of the supreme
court and did not violate the Pennsylvania
liquor law in selling without a license;
but if found guilty Of selling to minors
and intemperaUe men he would come
under a clause of the penal laws
prohibiting such sale, for while the state
might not prohibit the sale Of original
packages, it could protect its citizens, and
the minors and incorporate clause came
nearly within the police regulation of the
state. This charge was most unexpected
TO the prosecution, and the hundreds in
terested who thronged the court room.
The jury remained out about two hours
and a half, and acquitted SiVerman of the
charge Of selling without a license and to
minors but found him guilty of selling to
persons of known Incorporate habits.
Silverman is overioyed while the liquor
people. who have been in a hopeless minor
ity in Armstrong county, are jUbilant.
Silverman says original packages can now
food every town in the state and the high
license paid by local dealers Is practically
money thrown away.
The decision is believed to be the first
rendered IN a high license state and the
outcome is awaited with interest alike by
She temperance and liquor people.