Evening journal., 1893-09-16
BEER OR PEAR CIDER?
John H. Fortner on Trial in
the United States Court.
SOLD DRINKS WITHOUT LICENSE

The. e.Govern ment's witnesss surprIses- the
District Attorney--C Contradicts his own
Testimony Before the Grand Jury
Several witnesses Testify That rortner
Sold Pear Cider. Only III. $3.50
The United States District Court con.
vened this morning at 10 o'clock. The
three cases Of Julia Hanrahan Ewere con.
tinucd until the term Of the Circuit
Oonrt which opens on October II.
The first case taken up was that Of
John H. Fortner, Of Blackbird
The following jury was empannelled:
William Wingate, Joseph J. Handy, VII.
liam Green, Robert Cottingham, John r.
Harrington, zlekel Fleming, William
Baxter, Samuel J. Mccall, Joseph W.
Willard, William G. Wier, Robert Dono.
vaD and Henry NJ. Tunnel.
Fortner was charged with having
carried on retail liquor business at
Blackblrd, without license. oa or about
December 26, 1899.
James Pryor testified that he lived in
Biackbird on December 20. He pur.
chased no liquor, but pear
CIDER Of John II Fortner who kept the
saloon in his cellar. He went Ia from
I the main road He did not tell the
| district attorney, as char ed last June
that he bought stale lager beer from the
| defendant.
/ The district attorney said that he was
surprised by the witness aud would
prove that the witness had been tamp
cred with He wanted to prove by
Daniel Burton that the witness had told
Burton that he bought and paid FOR
lager beer Witness did not state that
| Fortner would pay him Mr.. Fortner did
not say he would pay mis- expenses. He
had seen dozen Of people there and it
would be hard for him to tell what they
were after. He purchaser drink, but
did not state before the grand jury, as
| charged, that he bought four bottles He
bought one bottle at ten cents OF
what he boughtit would take a good deal
to make man drunk. He asked for pear
cider and gotit
Sure Twas Pear cider.
On cross-examination by Mr.. Sanborn
the witness said he never saw anything
else than pear cider and soft drinks
ught it for pear cider and it was pear
cider. Mr. Fortner nor no one ever paid
any money.
Daniel Burton. an excise officer, saig
that JOHN II Fortner has not paid
special tax. Called on Mr. Fortner about
two years ago and he said he was no
selling anything aud that h'
did not want license Wrot
last winter to Fortner Received
reply to the effect as stated above
Pryor told the witness that he hal
bought lager beer Of Fortuer who got il
OF NrnitiocK, bother, Of Middleuown
Told him the same this June in thi
court when information was beinl
taken.
There is such thing as lager bee
on the market as pear cider
He Found No Liquor There.
In REORGANIZATION the witness sale
Mr.. Fortner told him to go through his
place and he found no liquors.
Different From Lager Beer.
John Locherman who lives at Thor
oughfare Neck, lived last year in Black
bird Went to Fortner's place for tive
years. Had drunk pear cider It wal
neither lager beer nor malt liquor. IL Il
different from lager beer.
James Thornton, one Of the police O
this city was in Fortner's place last fall
Saw nothing but pear cider Was ii
the liquor business for twelve years. ii
tasted the pear cider and it was not
lager beer or malt liquors. Pear eide
is sold on local option districts
Jacob Richardson lives in Wilmington
Owns property Sat Blackbird. Goes dow
every two weeks. Fortner kept for sal
drunk pear cider in his place. i wa
not lager beer lt never affected him
Charles Jones had drunk pear cider Il
Fortners.l It was not ale, beer or NAL
liquor.