Las Vegas optic., 1913-12-12
CONVICTS A MAN
WHO SOLD TO
HUSBAND
NEW YORK WOMAN OBJECTS TO
HER SPOUSE BEING SUP
sa Piled WITH LIQUOR

laW TGi-D WILL Ll&OOH
New York, Dec. I2-Max Speer.
saloon keeper Of No. sos Knicker-
booker avenue. Brooklyn, was con-
victed yesterday In the Brooklyn court
of special sessions of violating the
section Of the liquor law which makes
it a criminal offense for a saloon
keeper to sell liquor to a person whose
guardian, husband, wife or child has
given written orders to the saloon
keeper not to sell to the person. The
offense is a misdemeanor punishable
by fine or Imprisonment, or both. AL
though Justice McInerney in court
urged that Speer be committed to
! prison, Justices Russell and Zeller
dissented Sentence was suspended.
1t is said to be the first conviction in
this state.
Mrs Katherine Barth of No. AT
Irving avenue, Brooklyn, charged that
Speer sold liquor to her husband Otto,
despite arwritten notice served on
him. According to Assistant District
Attorney Cooper the state excise de-
partment will bring an action based
on the conviction that will take away
Speer's license.
Chief Justice Russell said he be-
lieves the action may be followed by
many similar ones, as it is an effec-
tive weapon toward the compulsory
reformation of inebriates. A civil suit
! may also be brought under section AZ
of the liquor tax law. Mrs. Barth said
yesterday that she had not yet decid-
ed whether she will sue Speer, as his
saloon really is owned by a brewery.
In Illinois heavy damages have been
awarded in such civil actions.
Behind the case brought against
Speer is the story Of a family ruined
by drinking husband. Barth, for
several years has received $14S.5O per
month from the government as a PEN
sion for injuries received while work
ing in the Brooklyn navy yard as a
ships carpenter. According to lis
wife he poured the money into speer's
saloon until she and her children
were destitute. She tried every means
to reform him without success.
Finally she told her story to Law
yer George B. Serenbetz of No. 1912
broadway, Brooklya, serenbetz and
Assemblyman Karutz, who was
brought into the trouble by the hus-
band, managed to reconcile the couple.
This was in the fall of 1912, when the
couple lived at NO PSI Cornelia
street. soE ~
But a few weeks later, October 26,
1912, Barth purchased the house at
No. 427 Irving avenue in the name of
the saloonkeeper Then he became so
intoxicated at times, Mrs. Barth swore
in her testimony, that he dragged his
children, Otto, five, and Catherine,
two, from saloon to saloon, placing
them on the bars.
Mrs. Barth, in despair, again went
to Lawyer Serenbetz November 21,
1912. Persuasion was tried again, un-
successfully. Then serenbetz unearth-
ed the little used section of the liquor
tax law.
Frank Geiger, a law clerk in Seren-
betz's office, on July 29 served the
notice required by law on speer, in
which Mrs. Barth officially warned i,
Speer not to sell any more liquor to
her husband. According to affidavits /
in the case. Speer laughed at the
paper and Immediately sold Barth
eightuwhislies. t,..s,sn
Ridgewood Phillips Of No, 1894
Bushwick avenue testified yesterday
that after the notice had been served i
he and Barth had several drinks to-
gether which we're sold to Barth by
Speer.