The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-03-19
BRANDED FRUIT BARRED
Cannot Be Sold Save by Licensed
Liquor Dealers.
DECISION In WEYMAN CASE
Judge Kfmball Holds That Foreign
DO Not Change the Application OF
the Law, Unless the Intoxicating
Quality Is Removed.

Hereafter branded peaches, cherries and
other fruit in liquor can only be purchased
IN the District from regularly licensed
liquor dealers or saloonkeepers. This
was the important decision OF Judge Kim
ball this forenoon in the continued case of
Daniel j. Weyman, q Fourteenuh-street
confecti0ner. who was charged with be-
ing an unlicensed liquor dealer, because he
sold Jars and bottles containing cherries
in brandy. The decision affects grocers,
confectioners and druggists alike.
"The proof shows" said the court, that
Mr. weyman sold bottle of branded cher
ries. The liquor surrounding the fruit was
either cOgnac or French brandy, and the
question is whether such sale is violation
Of the excise laws. 1 was very much in
doubt the other day when this case first
came before me, and my doubts went to-
ward the defendant; but since / have ex-
amined authorities, L am now clear on the
matter, and hold that you are guilty Of
violating the liquor laws"
Judge Kimban then quoted from an
Alabama authority, which stated that the
defendant sold what i S commonly known
as branded peaches and branded cherries,
put up n bottles and preserved in liquor,
which was spirituous and intoxicating.
The court charged the jury that upon this
state OF facts, il they believed the evi-
dence, they mi ght find the defendant guilty.
The Supreme Court saw no error in this
ruling. II spirituous and Intoxicating liq-
uor was sold, there was no proof offered to
show that it was rendered any the less
noXious in its stimulating and inebriatng
qualities 10y the fact that fruit was mixed
with it. II persons were allowed to es-
cape the penalty of the statute by merely
adding some other article or ingredient
to intoxicating liquors when made, the sub
Ject of traffic, il is obvious that the law
could be evaded with the greatest facility
by any person who desired il. Such con-
struction would practically operate to re-
peal the statute.
An Iowa decision stated. where the de-
PENDANTS were found guilty, that not
wIthstanding they may have put into the
liquor roots and tinctures, unless it
changes the nature and character OF
the liquor. 30 that it was no longer
whisky or brandy, OF whatever It may
have been originally, il was a violation of
law. IL the destructive character, as
an iptoN icating liquor, was 50 destroyed
that it could not be used as a beverage,
and became in fact medicine to be used
for diseases, the sale was not violation
OF law.
At the conclusion OF the decision, hold
ing him guilty or the offense charged, Mr..
Weyman arose and stated that il has
been common practice in Washington for
years past for Erocers and confectioners
TO sell branded fruit, and none of them
ever thought he was violating the law.
Prosecutor Pugh said as this was the
first case under the law and test he did
not desire a penalty imposed and asked
that sentence in the case be suspended
t'This leniency," he added, will not,
however apply TO others brought here on
similar charge. Future sales OF branded
fruit will call for conviction and
penalty"
Confectioner Weyman said he made a
frozen punch and put rum in It.
''RUm punch" replied the prosecutor.
"oomes clearly within the law"
1.-The law does not apply" remarked
Judge Kimball, ito liquor used in making
mince pies, or wine employed TO flavor
cakes"
Mr.. weyman's personal bonds were then
taken to either take out wholesale liquor
license or else stop selling branded fruit.