The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-02-13
btishel bag and II appeared to be a jug.
What was In the Jug, the Witness could


What was In the Jug the Witness could
not say.
And 10 show you how felt a about the
mntter ! lot that negro go from my
store that Sabbath morning With tho
bag. ] let him 20 despite tho fact that
l knew was bonB watched by minis.
ters Of tho gospel who were 30 busy
look1ng after mo TINT they couldn't DO
anything elHe-Couldn't attend to q fti-
neral
HARD ON EVANS.
Now Mr. Day" said Major Conrad,
"tell tho committee II you over took ls.,
gal advice about your right to soil whis-
key on proscription7"
II want to mako a. statement about
n drugstore for two years and sold
whiskey without druggists license to-
do so. But did 1t upon the advice OF
tho Commonwealtt's Attorney, MIR. OF
to L. Evans. When l had to close my
barroom after tho county went dry 1
was shut of with a considerable stock
Of wfiskey and no timo to dispose OF It.
me that could legitimatoly uso whis-
koy in prescriptions. He said l would be
n darn fool II paid $50 to sell whls-
key under the law which was as broad
rs 1t is long. He told mo also, that moth
Ing could be done with me II the wills.
Key WHS LuGQlCApSo--bOb pAac VAlohVJ,
MIR. Evans has never seenJht to correct
his statements here"
ibid you pursue the advice given by
the Commemorative Attorney was
asked.
Eyes. sir. for two years."
Mr.. Day proceeded to score some OF
the people Who have been watching
him. He said he had made proposi-
ton to them that II they would pay as
much attention to others as to him they
would find many others. They didn't do
III. The witness said he wished to say
this because they have been 80 hard
on me here"
DUFFY's MALT.
The much-dlscussed ''Dufry's Malt
Whisky" sold by Mr.. Day in his drug
store. was exalted to a feature at this
point. The witness said he wanted to,
explain something about this and he
proceeded to do so in a clear and con-
lwncing manner.
/ "Dufry's Malt Whiskey." he said in
effect. rs not pure whiskey as has
been testified here. It Is preparation
distilled from pure grain and drugs. The
Government has recognized 1t as a medl-
cine 1t is the only thing like whiskey
which the Government allows to appear
without atstamp Now. 1t happened that
physicians In Amherst began to prescribe
tl)uly . MdIl w llShSyt W patients, anu i
wanted to know II could keep 1t In
stock and fAl the prescriptions. l ex-
amined carefully into the matter and
was instructed that could sell Dufry's
Malt without license. This was GER
ltainly the case with reference to the
Government law.
Later on, the people watching me sue
.ceeded in discovering five people to whom
I had sold Dufry's Malt Whiskey. Three
graves. They had been sick In bed when
they ordered the malt and they never
got we'll. Five cases were brought against
me and pleaded guilty. l did 80 be-
cause l was now informed OF the State
law upon the subject The State law,
unlike the Government law, did not per-
nit the sale OF whiskey. SO I pleaded
guilty and compromised on the mini
mum fine. 1 was fined on all five
charges"
"Why did you plead guilty In all five
cases when you were charged with sell
ing other whiskey than Duftys Malt?"
was IN effect the question asked the wit
ness at this point.
Because the prosecution had tackled one
Of the five bottles OF malt on to each
of the five cases"
tinued the witness, "that there Is no for
tune In selling Duffy's Malt Whiskey.
There Is small profit in 1t. In the FIVE
sales for which i was fined, received
10 cents for the whiskey,
GRADE OF wHISKEY.
Questioning by the committee follow
ed for some time. Mr.. Day was asked
about the testimony of Mr.. Dearborn yes
terday concerning the shipments to him
self OF large quantities Of whiskey. He
questioned the accuracy Of the testimony
n md cof n = 0aar t oycto IAv,
about the amount
Were all those barrels sold upon pre-
scription?'
81 have no idea that I received them"
Close questioning by the committee
with references to one point was some-
what prolonged and dull Mr.. Day was
asked II he kept whskey Of different
grades. He said he had whiskey, French
brandy and SO on and could not for a long
time understand that the committee
meant not different drinks but different
kinds Of the same drinks.
For instance" said one member, I'VE
want to know IL you had g whisxey. s.
whlskey and s. whiskey?"
Unfortunately for me- gentlemen, the
physicians of Amherst did not prescribe
such good whiskey.''
Mr.. Day finally caught the drift Of the
question and stated positively that the
whiskey he used In prescriptions was all
OF the same kind.
had in my place whiskey of different
grades but I wasn't using it. 1t was
some had had for two years. left over
from the time I had to close my saloon.
i. of course. couldn't sell 1t under the
law, and couldn't use 1t In prescriptions.
So there 1t stood"
SHARP INTERROGATION
4 Just here Mr. Strobe proceeded to in
terrogate Mr.. Day closely about the wit
n'esses who had appeared against him in
the five cases and about the statements
from some Of them that they secured
in his place without license.
Mr.. Day admitted that prescription bot
ties were retllled when presented to him
unless the physician had distnct!vely
marked 1t otherwise. The witness de-
clared moreover that he would stop Lett
ting a man have whiskey even on. pre-
scriptlon when he thought the privilege
was being abused-when the liquor was
being used as a'beverage. III
1T has been stated here" he said '.or
at least that's what the newspapers say.
that never lost an opportunity to sell
whskey Never in my life, not even
when I had n bar-room, would sell
liquor to n drunken man. I always stop
and raf,aod to- lat him I'm va n nv