Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-12-13

IN Boston 10 make sure OF proof by expert
evidence that the presence Of malt could
not be accurately detected in this way.
But meantime Mr.. Fits and the bailffs
had been working the field In Springfield
with the result already stated. In other
words, as the saying now goes, There is a
way to prove that beer contains maitland
that is by the man who put it in"
The Eddy Beer.
The facts about the Eddy d Co. "hop
tonic beer. as it is called, as shown by the
evidence at this hearing. and the decision
of the court, appears to be that it is a light
beer made at a regular brewery, of the
usual Ingredients, contained in lager beer.
Upon this point the man Brenner testified
cOnclusively. This light grade Of beer is
made, it would seem, especially for the
Vermont trade, though two witnesses from
Springfield whose evidence was not used,
were ready to testify that the same beer is
sold in Springfield and other places as lager
beer. This point, however, may be open
to question until otherwise established.
The mountaineering label is affixed as
a concession. to VermOnts supposed pro-
hibitory principles.
When this beer is rev it probably does
not contain alcohol enough to be intoNicat-
lug uuA iiit dlCOAoilt strength apparently
increases with age. From all the facts de-
veloped il would appear that the worst Of
fence that can be alleged against this beer
is that its use creates an appetite for such
drinks, its sale is an entering wedge for
other beverages, and under cover of the
Eddy labels stronger drinks have probably
been sold.
This case develops the fact that the pro-
vision Of the Vermont law in regard TO
malt liquors is misty and indefinite, and
this may probably lead to a change modelled
after a provision OF the Massachusetts,
liquor law, which says:
ALE. porter, strong beer lager beer,
cider, all wines, and any beverage contain
ing more than one per cent Of alcohol by vol
ume, at 90 degrees Fahrenheit, as well as
distilled spirits, shall be deemed to be in
toxicating liquor within the meaning of this
chapter
The statute also provides for the APP
pointment and commission by the governor
Of state inspector and assayer of liquor.
The purpose of this section is to give the
state absolute control Of all cases like the
one now in question.
Later Developments.
c. II. Eddy was in Springfield Wednes-
day TO consult with the Highland Brewing
company and to investigate the man Bren-
ner. This morning Eddy Il Co., received
from the brewing company a statement
from its foreman in which he says that
Bremen 'does not understand the least
about brewing beer, nor is he competent
to perform any kind OF brewery work with
out the supervision Of foreman or an as
sistant. Carelessness and neglect were
the reasons for my discharging him
This statement Is also presented under
date Of July Il, 1895. The Highland
Brewing company's hop tonic, which is
falsely known in different places as hop
beer is not manufactured ike lager beer,
from malt, but is made of several kinds Of
raw material sugar, and an infusion Of
hops by secret process"
II will be remembered that Brenner's
testimony was not that he himself made
the beer but that he assisted in weighing
the malt and knew that it was put in.
The states Answer.
With regard to this statement from the
brewing company Mr.. Fits states that be-
fore Bremen was secured as witness the
state was in possession Of moral proof.
through private and detective sources, that
this beer contains malt. II was known for
ton in the hearing, and the expert chem
ist, Babcock, of Boston was brought here
by the defence TO testify on this point. II
the company had wished to prove the point
conclusively they could easily have done
so by producing the foreman as witness.
Whenever the OCCASION requires the state
is ready to meet this point. This, in sub
stance, is Mr.. Fitts's position as represent
ing the state.
The public have no desire 70 see the
business of Eddy & Co. wrongfully injured.
and If their beer is strictly legitimate and
within the terms of the Vermont law it
would sppeaf 10 be easy for the Highland
Brewing company to prove that fact But
as the case now stands the officers of the
law are clearly right in not permitting its
sale, to break the force of the Vermont
law, until this fact is so proved.
Result OF the Several Analyses.
The following table shows the result OF
the several analyses Of the Eddy d Co.
beer made by the different chemists at diff
ferent times:
Per cent NJ alcohol