The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-04
BUYER FOUND GUILTY
Jury Returned Il Verdict That Lager
inc, Etc. is Matted and Found
BUYER Guilty.

Buyer Guilty.
AT the adjournment of court Mon
day evening the evidence in the case
against Jacob Bujer on selling intoXi-
eating liquors had reached the period
where the police officers, Ex-chief AL
lison, Thomas Cunningham, Frank
Purdy and John Slater told of their
connection with the affair. j. A.
Witzel sent two bottles each of Free
mo, Lagerine and Malt Foam to the
state chemist A. e. Koch, to be analy-
zed, and he was on hand to give his
testimony at this time as to III per-
centage of alcohol in the various
liquids and had given them a thor
ough test. He stated that Freemo
was a brewed malt and contained
.S6 of 1 per cent of alcohol; that Malt
Foam was a brewed malt liquor and
! contained AS of 1 per cent of alcohol
that Lagerine was a brewed malt
liquor and contained Sc of one per
cent of alcohol. Prof. Koch gave it
as his opinion that Malt Foam or
Lagerine was not intoxicating, but
believed that Freemo would have the
effect of intoxicating an individual.
He stated that 1 percent of alcohol
was sufficient to intoxicate a normal
person. He testified that Freemo was
made from malt grains brewed, and
that the difference between Freemo
and ordinary beer was in the amount
ed that in many cases it would cause
intoxication, although not in all.
In his cross-examination Prof.
Koch stated that Freemo used as an
ordinary beverage would not intoxi-
cate, and that this liquid contained
six ingredients, the principal of which
was distilled water.
Staes Attorney Spangler endeavor-
ed to pass some of the liquid among
the jurors so that they could have a
personal demonstration of the liquid.
At this point the state rested.
H. G. Preston, attorney for the de-
ifendant, took the stand and testified
that he secured two each of the three
kinds of liquid and sent them to Mil
waukee, securing the bottles from
the states attorney. and being a part
of the property taken from the bust.
mes place of Jacob. Bujer. Mr.. Pres.
ton then offered as evidence the dep.
l%osition of Frank Kremer. Of Mil.
waukee, and which was accepted.
The deposition of Mr.. Kramer, a:
chemist, showed that of the three
= liquids Freemo contained the mos
: alcohol. .76 of one per cent, tina
: Malt Foam contained no alcoho
. whatever, and that Lagerine contain
y ed by so of n per cent. Mr.. Kre
. mer is a brewer chemist and is presi
. dent Of a brewers school.
> DR.. Dundas and Warne were plac
. ed on the witness stand and question
y ed as to the liquors being ~intoxicat
. ing. They stated that the liquor
> were not of an Intoxicating nature
y ing nature.
. When court convened this morn
ing Attorney Preston for the defens,
! offered a motion to the court that /
the jury found that the liquors wer
l mot Intoxicating that it be instructe,
by the court to bring in a verdict o
not guilty. He presented a numbe
. of authorities to support his conten
. ton. States Attorney Spangler pre-
. sentsd as an Offset the statutes o
- Michigan, similar to those of Sout]
. Dakota, by which malt and hrewe,
0 liquors come within confines OF thi
! question. Lauritz Miller p~resente,
. the state statute relating to ~licensin;
. of dealers according to which Their
= is a distinction between intoxicatin;
y liquors.
y Judge Smith stated that inhis opin
i ion the legislature intended to tax
3 the question of what constitutes an II