Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1895-12-13
THE EDDY BEER CASE.
The "Hop Tonic" Held to Re a
Malt Liquor,

LRw---the Evidence at the Hearing
statement by the Brewing ComPs-
ny---the States Answer, etc.
The final hearing in the case of the state
against the beer seized at G.. II. Eddy &
1 Co.'S November u was held at the armory
| Tuesday afternoon Justice Adams, in
giving his decision, said that he did not
consider the beer an intoxicating liquor in
the ordinary use Of the term, but held that
1t had been proved TO be a malt LIQUOR aud
as such was contraband under the statutes
Of the state. The beer was therefore con
demned by the court and ordered destroy
| ed, thee osts, which amounted TO about $50,
/ being taxed against the claimants, G. II.
Eddy Co. The decision was appealed
from by the claimants and the case will 90
to the county court.
The hearing was held in the arinory
| Tuesday morning and afternoon, and t1ere
was large attendance at both sessions.
The first evidence offered by the state was
the testimony Of Deputy Sheriff Starkey,
Chief of Police Hall, Police Officer Wor
den, eXPolice Officer Turner and Bailiff
Parker. These witnesses were called m re-
ly to show that the beer had been kept Sc
curely and TO bring out the facts in rela-
ton TO the taking Of samples for analysis.
worked at &. II. Eddy q Co.'S during the
summer. He fin shed work there soon aft
er the Valley Fair His work was TO draw
the beer from the kegs in which it was re-
ceived. He did not know OF there being
more than one kind OF beer which was
bottled as "hop beer" Witness examin-
ed the kegs Of beer which had been brought
into court, and said they had the same ap-
pearance, bore the same marks and labels
as the kegs he had been familiar with
while at work for Eddy & Co. He also
testified to having tasted this beer and that
1t tasted the same as that he had drawn
from the kegs while in the firms employ
w. II. Phillips, the bookkeeper for {.
II. Eddy a Co, testified that the firm had
bought their hop beer only from the High
land Brewery company of Springfield,
Mass.
John b. Stearns of Burlington. an in
structor of chemistry in the University Of
Vermont, testified to having analysed
sample OF hop beer sent him. He found
tina! it contained /. A. per cent of alcohol
by weight. or about is per cent by volume.
Thos. II. Farmer, chemist for the firm
Of West & JENNIE, wholesale drug dealers
and manufacturing chemists of Boston,
had tested samples Of the beer in question
for alcohol. He received the samples
when here Dec. 3 and /. His analysis Of
samples OF the bottled beer showed ? p per
cent Of beer by volume, while the beer
from the keg showed 3.07 per cent Of alco-
hol.
While waiting for a witness the 5 ate's
attorney called attention to the fact that
each Of the kegs in court bore a 80 cents
United States revenue stamp and that the
cancellation was by the impression from a
rfthkar 10
Brewing company, Springfield, Mass.
Gustav Brenner was he next witness
called, and II. +. c. ToIt was offered as an
interpreter, as the witness did not under
stand or speak English. This was a new
feature in a Brattleboro court and it com
manded the closest attention of the audi
ence. The Germans testimony Was brief
ly as follows: He lives in Springfield and
has been an employe of the Springfield
Brewing company since last June. For
two years and two months previous TO that
time he had worked for the Highland
Brewing company Of Springfield. He had
worked about the kettle and was familiar
with the process of making the beer He
said malt and hops were the articles that
were put into the kettle and that the beer
was never made without malt. In making
the light weight beer a smaller quantity of
kept in watts inthe cellar for two or three
months after it was brewed and was
pumped from these watts into the kegs
The witness had pasted labels hop beer,
not intoxicating on kegs of the light
weight beer. He was shown the kegs of
beer and his "dats it," without waiting
for the interpreters question, was con
vincing 10 say the least. On the cross ex-
animation he held to his statement that
malt went into all the beer made at the
Highland brewery. He was positive about
this, as he had been present when the in
gradients were put into the kettle and had
helped weigh the malt.
Alton II. Fraser, receiving clerk at the
freight office, was the first witness called
at the afternoon session. He had made a
list from the way bills of freight received
by Eddy & Co. from Springfield since Jan.
l, 1895. The list showed that during the
summer six or seven consignments of from
90 to 20 half barrels each had been re-
ceived each month. In the winter months
two or three consignments a month was
the rule. The way bills read differently,
the consignments being designated as
"beer, HOP beer" "hop tonic" and in
one instance "lager" The last lot was
"ginger ale" The only other witness for
the state was DR.. II. ID. HoltOn, who testi-
fed that a beer that contained 81 per
cent alcohol might have an intoxicating
effect on some persons. The doctor
thought one would have 10 drink a good
deal of a 2.63 beer 10 become intoxicated.
7he state rested its case here and the
defence put on three witnesses, Henry A.
Chaplin, James ID. Babcock, formerly in
spector and assayer of liquors for the state
of Massachusetts, and DR.. James F. Con-
land. Mr.. Chaplin had analysed samples
from the bottled beer the day after it was
seized and had found ? per cent Of alcohol
by volume. A week later a sample from
the keg had analysed 2,2 per cent of alco-
hol by volume He did not consider it an
Intoxicating liquor.
Mr.. Babcock had received samples of
both the keg and bottled beer from Mr..
Chaplin in Boston last Friday. His analy-
sis had resulted as follows: One sample of
bottled beer he found to contain PA per
cent of alcohol, the other 80 per cent.
One sample from the keg contained 2.42
per cent, the other 2.69 per cent. In his
understanding of the word intoxicating he
did not consider this beer to be such
liquor. He thought liquor began to be
intoxicating when it contained about per
cent of alcohol.
DIR. Commands statements agreed sub
stantially with those of DIR. Holton,
though he did not think it possible that
this beer could be intoxicating. The in
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