The Republican journal. [volume] (Belfast, Me.) 1829-current, 1905-04-27
PATENT MEDICINES.
What Quantity of Alcohol Determines
Legal Sale? Interesting Ruling by Judge


An ordinary search and seizure case
in a municipal court does not often
excite more than local interest, but
ease of this kind was tried before Judge
Peters, of the Ellsworth municipal
court, last Friday which, because of
ruling of the court, is likely to attract
attention throughout the State.
The Morrison Medical Co. is a duly
organized corporation engaged in the
manufacture and sale of several pro-
prietory articles-tonics, pills, cough
cure. etc. 1t began business about
dozen years ago in Bar Harbor, the
company taking its name from Its
organizer, DR.. c. c. Morrison of that
town, a well-known practitioner, and
at present member of the Maine
legislature.
About ten years ago majority of
the stock of the corporation was pur-
chased by well-to-do retired sea
captain, Capt j. w. Kane, of BluehiIl.
The business was carried on in Ellis
worth fora year or so, and then moved
to Biuehill, where it has since been To-
Gated.
The present officers of the corpora
ton are: John W. Kane, president,
treasurer and manager; secretary, Z. E.
Chase: directors. j. w. Kane, E. f.
Chase, of Bluehill, William Fennelly,
+. !. Morrison, of Bar Harbor-all
well-known men who, however, except
ing Capt Kane. probably have little or
nothing to do with the active manage
ment of the business.
For a long time protests have come
from the western part of the county
tan of
the tonic, OH the ground that it con-
tanned so large a proportion of intoxi-
cants that it was constantly being
used as beverage and in quantities
large enough to produce intOxication.
These protests have been renewed
since the present sheriff came into
office, and for the purpose of testing
the matter, Sheriff Mayo caused,
through his deputy at Bluehill, Mr..
Webster, full barrel of port wine to
be seized A quantity of the tonic was
obtained and submitted to State
Assayer O. w. knight, of Bangor, for
analysis.
OF course Captain Kane claimed the
seized wine. Tie case was tried last
Friday before Judge Peters. The State
was represented by Charles H. Wood of
Bar Harbor, county attorney; the re-
spondent by A w. King Of Ellsworth.
The testimony for the State was sup
piled by Sheriff Mayo, Deputy-Sheriff
Webster Assayer knight, Edwin Clay
of Bluehill, Wllmot Kane of BROOKLYN,
Ira Grindle, Harry F. Grindle, Harry
Hincklev and Octave Slower, all of
Bluehill.
Early in the case Judge Peters, in re-
ply to the contention of the defense
that the tonic was compound intend
ed for medicinal purposes and contain
ed other ingredients in sufficient guam
titles to render it unit for beverage,
ruled that it is unlawful to sell wine
mixed with any other ingredient which
does not materially impair its capacity
foG being used as beverage.
Testimony on this point was given by
Mr.. Knight. He said two samples had
been sent him; that he had analyzed
both: the liquid agreed in all character
istics with port wine. one of the samples
contained Is 40 per cent. of alcohol,
and traces of callsaya; the second con-
tanned trihe more OF alcohol and no
traces of caliSaya. In response to a
question by the defense as to what he
regarded as the minimum percentage
of alcohol necessary to produce intoxi-
cation, witness SAID that the human
stomach could not contain enough
liquid containing less than three per
cent. to produce intoXication, but that
the dividing line was probably between
three and four per cent, varying With
Individuals.
Edwin { lay testified that he had work
ed tor Capt. Kane putting up the medl-
clne: h d drank It: at one time drank a
quart: it was Intoxicating; had bought
some of Captain Kane; bought six pint
bottles: took 1t home and drank it there;
drank it to get full: did get full.
Wllmot Kane testified that he bought
six half pint bottles from Capt. Kane
one sunday Oh his yacht lying in Brook
lin harbor. drank part of it; it had same
effect as if it was whiskey; think it was
intoxicating: have drank it at other
times; at Bluehill fair.
Ira Grlndle testified that he had
bought wine, before it was compound
ed, for his wife; bought it for medicine,
and it was used as medicine: did not
even taste it HIMSELF doesn't use liquor
in any form. Have seen empty bottles
with Morrison Medical Co.'S labels on
them lying around dance halls, and on
the side of the roads.
Harry F. Grindle, seventeen years
old, testified that he had worked for
Capt. Kane putting up medicine; drank
it while working there, and since; that
it would intoxicate if one drank enough
of it; have seen the boys drink it; have
drank so much of it myself that it gave
me the "big head''-what you call drunk !;
"whiskey gave more clear effect
Nahum Hinckley testified that he
had seen empty bottles on the streets;
Capt. Kane never sold me wine; was
not aware that he had offered twenty
five cents for every bottle that was
brought to him.
Harry lHinckly said he had worked
for the company; had used it as tonic
according to directions, repeating dose
''as often as the system required it,"
have seen empty bottles about; have
also seen Peruna and Jamaica ginger
hn oho