The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-21
No Testimony Of WilIful
Sales to the DRINKS.
A DENIAL ENTERED
In Dispensary Investigation Drunkards
Tell Of Buying Whiskey, But Not
That Dispensary Employees Knew
Of Drunkenness. Flies 10
Liquor Accidental.
Liquor Accidental.


The COMMITTEE. IN charge of the in
Vestisa'ion 0 the Upchurch charges
agar sc the Raleigh dispensary held
.sdother session last night, at which
tAe charges of sales to drunkards
and of the want of cleanliness il
bottling of whiskey were gone into.
In the matter of sales of whiskey
to drunkards seven witnesses called
on to appear as "habitual drunk
ards" testified as to this and some OF
these as to the presence of straw,
trash and flies in whiskey. One wit
ness testified as to flies found in u
bottle of sherry, this Capt. Heilig, the
assistant manager of the dispensary
admitted. stating the probable cause
though emphatically denying that
there was lack of caution in bottling
WhiSkey.
The testimony of some of the
"drunkards" was confusing and at
variance, so much so that the secre-
tary, the reporters, the attorneys and
the committee were all mixed up,
and 1t was only by the final piecing
together of the testimony by Mr.. w.
b. Snow that any light was had on
the matter. While many of the
"drunks'' testified that they bought
whiskey when drunk. there was al
ways with this on cross examination.
sometimes on the direct, that they
had no reason to believe that the
dispensary employees knew they were
drunk when they bought whiskey.
Some offered the direct testimony
that they had been refused whiskey
when drunk, and on the part of the
dispensary the testimony of officers
and employees was that not once at
the time of sale did they know the
parties to be drunk, that sometimes
this would be discovered as the par
ties were leaving the dispensary, and
that even then in some cases the
whiskey was taken away.
In the charges aof lack of cleanli-
ness in bottlinr whfskey the men who
swore to their own drunken habits
swore that in, some instances they
lad found straw, trash or flies in
their "ticklers.' while one swore that
he had purchaser ]. whiskey at least
once a day for a Year and had never
made a purchase. but that there was
a flyi One witness testified that ne
saw negro after shrinking from 81
whiskay bottle spit out glass. and
anotl that he had bought pint
of sherry wine and that there Was
inch of flies intthe bottom. This last
TESTING " was examined by Capt.
Heilig who made.the sale, who 3aid
that the only way he supposed this
could have occurred was that as the
wire was ferfhenting on the shelf
the cork flew out and was put back
by some one afteTssf1es had gotten in
20 it, that i'm bottling the room was
protected by screen doors, that all he
bottles were carefully washed. that
fan was kept running above the place
of bottling. He had expressed re-
gret at the occurrence ana mace tne
exchange. Manager Bachelor stat
ed that every precaution was used.
but that the largest bottling houses
had troubles of this kind. even with
the best of system.
The occasion last night was sad
one. in that men went on the stand
and testified to their own continued
and long drawn out drunkenness
some declaVing that they had alb
normal thirsts, drank when they
wanted it. and they had been arrest
ed for drunkenness on the streets.
though many said that when tanked
up they showed no outward signs o1
drunkenness but knew it themselves.
Many minors were in attendance TO
testify as to their buying whiskey
and Mr.. w. B. Jones. of counsel for
Mr.. Upchurch rendered the affida-
Wits of about eighteen of these, which
Mr. Simms, of counsel for the dis
pensary refused to accept. saying he
wanted the witnesses on the stand.
Mr. Upchurch declared he could nave
fifty more at the next meeting ana
that he would take the matter to ne
grand jury. At this Manager Batch-
elor declared. shaking his fingers.
that he would be there, and In reply
Mr. Upchurch declared I'm going to
do it,
synopsis of the investigation OF
last night will be give it's range. but
rhe whole matter can be summed
up simply. 1t is that self-confessed
drunkards testified that they bought
whiskey when drunk. but that they
had no reason to believe the dispen-
sarv employees knew they were
drunk. few testifying as to outward
signs. many saying we were under
the influence of liquor while the dis
pensary people testified that no
sale had been made knowingly TO an
intoxicated man. The presence OF
some flies in a few bottles of whiskey
sold and in one bottle of wine was
admitted by the dispensary people,
but this was declared to be an acct
dental occurrence. and that great care
had been exercised in bottling.
The session closed 9. IL o'clock and
the next hearing will be Friday after
noon when the further matter of sales
to drunkards and want OF cleanliness
will be taken up, the new matter &c
be presented being Partially III pur-
chases and sales of whiSkey, brands
not being up to the standard and ex-
cess of profits over so per cent will
be considered. In the matter of pref
erences permission for dispositions to
be taken has been given. and in the
last the charges will have to be proven
by outside testimony, after which the