Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1905-04-05
PATENT MEDICINES.
WHAT QUANTITY OF ALCOHOL
DETERMINES LEGAL SALE?
INTERESTING RULING BY JUDGE
PETERS, IN CASE OF STATE VS..
MORRISON MEDICAL CO.

MORRISON MEDICAL co.
An ordinary search and seizure case in a
municipal court does not often excite
more than local interest, but case 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 proprie-
tary articles-tonics, pills, cough cure, etc.
1t began business about dozen years ago
in Bar Harbor, the company taking its
name from its organizer, DIR. G. G. Morri-
son, OF that town, well-known practi-
toner, and at present a member OF the
Maine legislature.
About ten years ago majority OF the
stock OF the corporation was purchased
by a well-to-do retired sea-captain,
Capt. ]. w. Kane, OF Bluehill. The business
was carried on in Ellsworth for year or
so, and then moved to Bluehill, where it
has since been located.
The present officers of the corporation
are: John w. Kane, president, treasurer
and manager; secretary, e. e. Chase; di-
rectors, ]. w. Kane, E. e. Chase, of Blue
hill, William Fennelly, E. J. Morrison, OF
Bar Harbor-all well-known men who,
however, excepting Capt. Kane, probably
have little or nothing to do with the
active management of the business.
For long time protests have come from
the western part OF the county against the
manufacture and sale of the tonic, on the
ground that it contained so large pro-
portion OF intoxicants that it was con-
stantly being used as beverage and in
quantities large enough to produce intox-
ication.
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 Capt. Kane claimed the seized
wine. The case was tried last Friday
before Judge Peters. The State was rep
resented by Charles II. Wood, of Bar Har-
Dor, county attorney; the respondent by
A. W. King, OF Ellsworth.
The testimony for the State was supplied
by Sheriff Mayo, Deputy Sheriff Webster,
Assayer knight, Edwin Clay, of Bluehill,
Wilmot Kane, of Brooklin, Ira Grindle,
Hiuckley and Octave Slower, all of Blue
hill.
Early in the case Judge Peters in reply
to the contention OF the defense that the
tonic was compound intended for medic
inal purposes, and contained other in
gradients in sufficient quantities to render
it unfit for beverage, ruled that it is I'M
lawful to sell wine mixed with any other
ingredient which does not materially i'm
pair its capacity for being used as a
beverage.
Testimony on this point was given by
Mr.. Knight. He said two samples had
been sent him; that he had analysed both !;
the liquid agreed in all characteristics
with port wine; one of the samples con-
tanned IS 7-1o per cent. of alcohol, and
traces OF calisaya; the second contained
trifie more OF alcohol and no traces of
calisaya. In response to a question by
the defense as to what he regarded as the
minimum per centage OF alcohol neces-
sary to produce intoxication, witness said
that the human stomach could not con-
tain 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 Clay testified that he had
worked for Capt. Kane putting up the
medicine; had drank it; at one time
drank a quart; it was intoxicating; had
bought some of Capt. Kane; bought six
pint bottles; took it home and drank it
there; drank it to "get full"; did get full.
Wilmot Kane testified that he bought
six half-pint bottles from Capt. Kane one
Sunday on his yacht lying in Brooklin
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 Grindle testified that he had bought
wine, before it was compounded, 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