New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-05
DRINK SERVED IN COURT.
Interesting Developments in Ercise
CaSe-Dcfendant DISCHARGED.

There were unusual court proceedings when Fred
erick Murphy, waiter, of No. 438 East Fifty-irst
St, employed at the Hotel Rossmore was placed on
trial in the Court of Special Sessions yesterday
afternoon charge of violating the Liquor Tax
law in selling liquor after the hours of closing
the morning.
Murphy arrested at 40 a. m. on June IS by
Detectives Harry McGough and Benedict Tfchs, Of
the Tenderlon police station The officers had gone
to the hotel and in the grill room had been served
with what they supposed was lager beer. Emanuel
NJ. Friend appeared for Murphy when the case was
called. Mr.. Friend had several bottles the law
yers' table in court, and in the corridors of the
Criminal Courts Building were several cases of
liquids of various natures
Detective McGough the first witness called
He testified that on the morning in question he had
gone into the grill of the Hotel Rossmore and
had called for two glasses of lager beer; that the
defendant left the room, and a few moments later
appeared with two glasses of something and served
the same to the witness and his companion.
WAS it lager beer you drank" asked Assistant
District Attorney Studin
Yes replied the witness.
What is lager beer?" asked Attorney Friend
Mr. Friend then in long examination confused
the witness by asking him what lager beer was and
how it differed from other similar drinks.
Mr. Friend then took up a bottle and proceeded
to remove the cork.
Your honor" he said, addressing the court, will
find objection if I open bottle at the bar. al
though that's the place to open it?''
Presiding Justice Mayer nodded assent and the
bottle was opened. Handing glass of the bev-
erage contained in the bottle to the witness, Mr..
Friend said:
Il Will show you a glass and ask you If the
contents the same those of the glass you
We're served with June d.
1.-The color OF mine lighter than that replied
McGough.
Taste of the liquid in the glass;" said Mr. Friend.
land tell the it differs from that you tasted
on the morning in question"
McGough tasted of the contents of the glass
pronered him by Mr.. Friend II judge that to be
lager beer the witness said.
Mr. Friend then called Horace Delissa the agent
in this country for the Kop beverages made in
Pelham. England, who identified a bottle as one
containing Kop's Cheer.
rs it iRtoxiaating?' asked Mr.. Friend.
No"
How do You know it Is not intoxicating?"
Because it is absolutely free from alcohol"
"IIow do you know what the contents OF the
bottle when you merely glance at itT' asked
Mr.. Studn.
Witness was instructed to taste of the contents
of the bottle, and pronounced it Hops Cheer"
And" Mr.. Friend said, no matter how much
of this you drink. it viii not make the drinker in
toxicated?'
The defendant. Frederick Murphy. was called
he bartender. John sRiiiman. who had locked up
the bar proper. and refused to open anything other
served TO the policemen. Skillman called. and
6 5q ta' bottle 9 1 Of nI< caee FOR the patrons
He said it classed the same as weiss beer z
SAID Ia an attempt TO sum up ms case ~ 's,,
I'LL a want that found to exist several years
ago, when movement was started agal!st1 I.le
TS55 Cheer the drink Served to the policemen
in this case is not an intoXlcatlng fpA Swing.
I'VE wiz defer the hearing on the nefits 81 fo Ing
not guilty ana is acquitted When h bt 5fe o 2ff5
they will ind it useful If they take a sample with
them for analysis.