The Glenwood post., 1911-09-09
FALSE LABELS IN
SHIPPING BOOZE
GIenwood Wholesalers Aid
Boot|eggers in Breaking
Law and Fail to Collect
Their Bills
ROPES ARE TIGHTENING

Some of the wholesale liquor deal
ers of Glenwood Springs, who have
been suing James and Charles Furga-
son to recover payment for liquors sold
them have concluded they are treadin9
on dangerous ground and have with
the whisky was shipped under the name
of "malt ale,'' an act contrary to
federal law In the one case that was
allowed to go on trial before Judge
Sullivan at Grand Junction, Charlss
Marshall admitted that he had been
sending whisky into dry territory un'
der false labels 1t is claimed he made
himself liable to criminal prosecution.
When the cases were tried before
Justice Bancroft recently they were
brought against the Furgasons and
their wives, and the latter took an
appeal to the county court. The judg-
ments secured against the men were
not affected.
When the defense made the move to
incriminate the wholesale liquor deal
ers Clint Marvin withdrew his suit for
$265 against Mrs. James Furgason and
for $293 against Mrs. Chas. Furgason.
James Sheridan also withdrew his SUIT
of $105 against Mrs. James Furgason.
The suits of Richardson & Marshall for
$295 and Chas Marshall for $65, how.
ever, went to trial when the express
receipts were produced in evidence to
show how the whiskey had been ship
ped into dry territory. Mr.. Marshall
also admitted that he had packed and
shipped the goods himself. Judge SUI
liyan reserved his decision in the mat
ter of awarding the Judgment until
next Tuesday.
From the turn the Furgason cases
have taken some nice points of law
are involved that may keep many OF
the wholesale liquor dealers of Col
orado guessing to save themselves from
criminal prosecution, as it is customary
to ship liquors under the "hop ale' or
"malt ale" marking. If the enforce
ment of the federal law covering such
cases be invoked, and it probably will
be in the Palisade cases, it means any
thing but a pleasant outlook for the
men who have admitted by bringing
suit that they have been illegally ship
ping liquors into dry territory.
The Grand Junction Sentinel of last
Wednesday has the following to say
on the subject.
Claims amounting to $4,000 and over,
for wet goods SOLD to Charles and }.
M. Ferguson, lately of Palisade, by the
Glenwood Springs liquor dealers, were
disallowed yesterday afternoon by
Judge Walter S. Sullivan in the county
court. The claims were made against
the wives of the Fergusons who remain
ed in Palisade to take care of the prop
erty, while their husbands sought other
fields. Attorney Rozzelle appealed from
Justice Bancroft IS decision at Palisade
placed against the women and won
his case.
Judge Sullivan based his decision Oh
the point that the bills were against
the husbands and not the wives. Tho
contention of Attorney Rozzelle that
liquor shipped into dry territory for
illegal sale could not be collected for
was not mentioned by the judge but
it is understood that legal circles IN
the city believe the contention would
stand good.
This closes the Ferguson incident.
one of the bitterest fights in the his
tory of the valley. Both men were
given "night rider" orders to leave
early in June and when the Today
limit was up the men had gone.