The age-herald., 1900-12-15
GAN ANY ONE GET DRUNK ON HOP JACK Policeman Raises This Question
 in No Feeble Way JUDGE GREENE SAYS "YES"  Test Case In the Criminal Court-order By Judge Bruce-Republic Land
 ompany-PIantiffs Get
 But $71.
JUDGE GREENE SAYS IVES"

Judge Greene heard argument yesterday in the case of Marcus Policeman, accused of selling "hop jack" without a license. This will be made test case as to whether "hop jack is an intoxicating beverage and therefore included within the prohibition of the statute against. the sale of malt spir- ituous or intoxicating beverages without license
 Readers of the Age-Herald will remember what a commotion was caused a few months ago among the sellers of "hop jack by decisions of Judge Greene in the Criminal Court and Judge Swayne in the Federal Court that "hop jack" was an in- toxicant and therefore within the statute Many arrests followed of persons who had been selling it without license, not be- lieving 1t to be an intoxlcant In all these cases where the defendants sold 1t in good faith sentences were light Hop jack" was shown to contain per cent. of alcohol. In the Policeman case yesterday 1t was testified by expert witnesses that hop jack did not contain enough alcohol to be an intoxicant That the stomach would not contain enough of 1t to make any one drunk, and that it was a wholesome healthy beverage. The defendants attor- neys Messrs. James McMaster and NJ M Ullman argued that if this were so it did not fall within the statute, and that the Legislature had no power to require a li- cense for the sale of wholesome beverage. The State was represented by Solicitor lief lin.
 At the conclusion of the argument Judge Greene states he would find the defendant guilty, but at the request of defendants counsel he withdrew his formal decision until this morning so as to enable defend- ant to make bond.
 Other cases in the Criminal Court were disposed of as follows:
 Robert Avery was convicted of assault with intent to murder and given two years in the penitentiary.
 George Jones was acquitted of vagrancy. George Harris, convicted of burglary and grand larceny in four cases, given five years in each case.
 Jim Allen, petit larceny, three months Clifton Brown, burglary and grand lar ceny,~ fifteen months.
 Bill Mitchell, assault with intent to mur- der, two years.
 The jury was discharged for the week.
 The jury in the R. A. Barck case is still out
 Circuit Court.
 In the Circuit Court yesterday the case of Nick Halferbery vs the Alabama Brew ing Company resulted in verdict for de- fendant.
 The case of Warner Lewis ct al. vs. the Sessions Land Company ended in a verdict of $71 for plaintiff
 Tom Stobert, administrator of George Farney, has filed suit against the Tennes- see Coal, Iron and Railroad Company for s15,OOO damages for alleged personal in- juries.
 City Court.
 In the first division of the City Court the case of w. H. Howell vs. the Southern Railway Company is on trial.
 In the second division a divorce was granted Ella R. Bowen vs. W. H. Bowen on the ground of voluntary abandonment.
 Albert Edwards, arrested on a charge of being implicated in a case of highway rob- bery on the Twenty-first street bridge re- gently, was discharged under habeas cor pus proceedings.-
 IlllSS INSy iletS uleu Sull dSdlllSl lne Western Union Telegraph Company for $199s damages He claims that by delay of defendant in delivering a telegram he was prevented from attending the funeral of his son at Greenville, Ala.
 U. S. Court.
 United States Judge John Bruce has granted a petition filed by Ligon Johnson and George H. Speer receivers of the At lanta National Building and Loan Associa- tion, asking leave to file the report of Spe- cial Master Benjamin 1T. IIil setting forth the terms on which the receivers are to settle with the borrowing members. These terms are that all borrowing members shall pay in full principal, interest premium, in- surance, etc., due by them on April g. 1900 and that all who pay up within ninety days shall be allowed a credit of 35 per cent of the amount paid by said, borrowing stockholders as dues on stock into, the losa fund.
 Court Items.
 J.. B. Dryer and E. J. Smyer have filed a declaration of incorporation of the .'Re- public Land Company" The capital stock is 5000 and the business of the corporation is the buying and selling of real estate.
 Marriage licenses were issued to J. E. Williams and Clara Harris and James M. Bagley and Louisa Burs. MT Bagley, while waiting for his license, informed Chief Clerk Tarrant that his grandfather, Benja- min Tarrant, had issued him his first mar riage license in 1865.
 A petition in bankruptcy was filed by A. B. Clifford.
 Maj Charles J. Allison, clerk of the United States Court, has returned from a pleasant fishing and hunting trip to New Orleans and vicinity. The ladies of the First Presbyterian church will have their cakes on sale at the TIillman Hospital bazaar today. Special attention will be given business men at dinner and supper hours in the restaurant The menu for dinner today will consist of soup, roasted turkey and cranberry sauce,