The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1916-02-09
BOOZE CASE
WITH COURT
Judge Barber Will Consider
Novel Points Before
Deciding
QUESTION OF INTENT
AN ELEMENT IN CASE
Expert Shows that Large Percentag e
of Contents of Walls Was Alcohol -
Pellegrino Remains Under Bail NJ
merous Exceptions.

After listening to expert testimony
offered by DR.. Charles F. Whitney of
the state laboratory at Burlington yes
terday afternoon in the municipal court
and to other testimony tending to show
that Efnidio PelIegrino had peddled
small bottles containing extracts which
he said would make 'Whislev.' Judge
! Frank E. Barber took the case under
adviscment. lie said that the question
raised was novel and that he should
take time before making a decision.
/ Both States Attorney 0. B. Hughes
and Attorney A. T. Schwenk saved nu-
merous exceptions.
/ The ease was begun shortly before 2
! o clock yesterday afternoon in the mu-
nicipal court room and the evidence Of
4 the early witnesses was given in The
Reformer Yesterday. Pellegrino Is
charged with keeping with intent to
sell and furnishing liquor.
! DIR. Whitney who analysed the con
7 tents of The small bottles taken to him
by Sheriff c. Z. Mann, testified that
his business was to make analyses of
foods and drugs for the state and the
state board Of health. He had held the
position three years.
He identified the bottle which had
been left at the home of Henry A.
Grover, as testified to earlier in the
( hearing, and said that it contained
1877 per cent Of alcohol. The rest of
The contents were oil of pePperment
and water. Each of the ten other one
3. half ounce Walls be identified and gave
the percentage of alcohol in each. This
ranged from $40. the lowest. to 56.4S
tie highest The other ingredients were
water, coloring and flavoring matter
Asked by the state s attorney if the
contents of any of the bottles would be
| used as medicine he replied that medi
: cine would not be dealt out that way
as there were no directions on the vialS
for taking the contents as medicine.
On cross examination by Attorney A
T. Schwenk for the respondent he sale
that he could tell what the favorin!
! extract was in some of the specimens
Excepting the one containing oil O
: peppermint he believed the contents O.
p the walls could be drunk as beverag
=, considering what people sometime
| drink
The question: - Would they be DRUM
: by people in the habit of drinking in
toxicating beverages after reading tn
directions on the bottles?'' was rule
4 ont by the court on objection by tn
Il state attorney.
The expert admitted that alcohol wa
] used to cut oil of peppermint in ex
4 tracts. The attempt to have him test
& f. that all favoring extracts containe
4 about a similar percentage of alcohC
was ruled out by the court on the oh
lection of the state 5 attorney.
Some Of the specimens, he testified
are fiavoring extracts. but not all. II
\ would not consider the one that cor
4 tanned caramel and alcohol a fiavorin
extract. That one he would call a solu
ton.
The fluid labeled ''whiskey,'' the ez
pert said, would taste like whiskey j
= mixed with alcohol and water.
= Holding up the vial labeled "whis
Il ker, Attorney Sehwenk asked hin
II what percentage Of alcohol would b
II present if it We're mixed with a pin
II Of water and Dr. Whitney replied
II " About two per cent.
II lie said, in answer to a further que.
Il lion. that there would be about on
II per cent if it were to be mixed with
II quart of water.
II On redirect examination the expeI
Il said that although they were mostl
II 1lavoring extracts they might be use
II rs beverages.
II Frank Henry Graves. who had pre-
II viously testified to a bottle having bee
Il left at the home of Henry Grover, ider
j tilted the one that had been 50 marke,