The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917, 1911-08-29
Judge Downs Reluctant
to Fine Steeplechase
Blue Law Victims

Continued from First Page.)
Island. They testified that they sold
only what is known as 'TJno Beer,
Or what is commonly called at the
amusement resort, 'Island Spray,
and that it was passed upon by the
proper authorities several years ago
and declared to come within the law.
They had made it a practice to sell
it for years.
The Island men produced several
bottles Of the Uno beer. Attorney
Chamberlain declared they violated no
law in selling It,
Comley declared in his opinion thay
did violate the law The label ON
the Uno beer stated that it contained
not more than 8 per cent. alcohol.
The Federal law, he argued. places in
the class of intoxicants adj liquor con-
tanning more than on eand one-half
per cent of alcohol, and the State law
followed the general lines of the Fed
eral law.
Madigan then testified that he knew
the State policemen personally, had
seen them frequently at the island,
and that on the very day in question
he saw them when they got their sam
Piles. They got only spray, he de-
clared, and they were angry because
they couldn't get good stuff, and
compliance among themselves, so that
they were overheard by attaches of
the Island, that they couldn't get
anything on them with only that
stuff
This was refuted by Prosecutor Com
ley
Judge Downs asked comley what he
was to do in event of convicting the
corporation. Suppose want to send
the corporation to iail?" he asked.
Comley suggested that he should mere
ly impoS ca fine.
but how am 1 to know whether this
is beer or not beer?" he asked Com
ley. when Comley claimed convic-
ton on the sales admitted by the Is
land men, of the "Uno".
''Yeu can't guess a man into jail,
judge interposed Chamberlain.
your witnesses haven't refuted
what Madigan stated about their COM
planning about not being able to get
anything on the Island, suggested
Judge Downs.
The Judge then said he want willing
to pass on the case off hand. The
not at oil familiar He had tried
many liquor cases, he said, but never
one in which the proceeding was begun
against the corporation. Comley said
that was merely to get a conviction
against the holder of the license.
"Why wouldn't the act of the agent
stand against the holder of the license
just as wefl?'' asked Judge Downs,
whose view was shared by Chamber
lain. Comley replied that he didn't
believe 1t would.
"Why hasn't there been prosecu-
ton before this one?' asked the judge,
IF you regard the sale of spray a wio-
lation of the law?'
i've been prosecutor only two
weeks" explained Comley, II can't
answer for nay predecessors
Chamberlain reminded the judge
that there had been no proof that if
the state policemen really had beer,
they got it with the sanction of the
owners Of the place. and that wit
nesses had sworn THAT it was strictly
against orders to sell anything but the
Uno beer. and that the Uno beer, so
far IS has been established doesn't
come under the ban.
Judge Downs took the papers and
said he would decide the case in few
days.
Captain Boyton and Murray appealed
from the penalties. The costs in each
instance aggregated $12.97 This in
cluded mileage and other expenses of
the state police. Captain Beyton fur
nished bail Of $50 for both Murray's
and his appearance in the common
pleas court, to which they have ap-
pealed their former convictions.