The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-29
DAILY HOLDS COURT
AFTER ACQUI1TAL
Jury Settles Rum Selling
Charge in Is Minutes
Friends Celebrate.
CALL 1T MORAL VICTORY
Witness Samples Liquid Evi-
dence, but Fails in Opinion
as an Expert.

At Days saloon in East Forty-second
street last night the timbrel was sound
ing and so was the brass.
On a dais. so that his classic head
doomed a little above the press which
came and went. Daily himself sat. All
about him the wits and viVeurs VINO
for the last score of years have lent
sparkle to Days place crowded. heap-
ing congratulations upon him. But,
bland, as he is invariably, he would
commit himself to this extent only:
Boys. the moral victory was indis-
putable. But what in the name OF the
United States Senate do moral victories
profit you or me?'
Jury in the Federal District Court
acquitted Bernard DAILY. publican ana
raconteur, yesterday, signifying thereby
that the case which his Government had
arrayed against him fell short. to its
notion. of that perfection of proof which
prosecutor must furnish before the
twelve will consign any man to jail
He, with seven of his staff. was pinched
by the Department OF Justice agents
last September, and yesterday stood
their trial on the charge OF conspiracy
to defraud the wartime prohibition act
DAILY upon the advice of counsel. or
counsel upon the advice OF DAILY, put in
no defence whatever. Cross-examination
of witnesses was treat for the intel
lect which will remain imperishably in
The memories of the jurymen.
Ill fnnN
trial had been supplied by Thomas G.
Gleason. an austere agent OF the Gov
,Inment The prosecution offered in
evidence Ave demijohns and bottle
v hicn we're seized in the raid month
20, and at the solicitation of the peo-
7'e's attorney, Gleason sampled them
swing his diagnosis as follows:
The enc is rye whiskey. another Is
Scotch, another contains ginger ale
favored with red eye and the fourth has
sherry wine in IT, The fifth and sixth
containers may be intoxicating or not
am Tree to confess they battle me-
All of which counsel for the defend
ants requested to have stricken from the
record. claiming that the issue before
the Jury was not whether the fluids IN
evidence were Intoxicating or not but
whether there had been among the de-
fundants conspiracy to put them II
circulation III defiance of law
The motion to exclude was overruled
and then followed the crosS-eXamina-
ton which was the burden of all dis
cussion in Days place last night
Harrying the witness upon the score OF
his capacity to pronounce opinion, upon
his past life and experiences, and as to
whether he had applied the dispassion-
ate test of chemical analysis to the
liquids which he now discussed so glibly
and offhand, counsel elected finally the
admission:
at is very hard to say absolutely
nowadays One encounters so much
that is new"
1t was this admission which figured
with logic to support 1t and rhetoric to
drive It home, in the summation of de-
fences counsel. That II found Judgment
and agreement In the minds of the jury
goes without saying. 1t was out less
than fifteen minutes by the stop watch
of Days head barkeeper, and amid the
muffled cheers which greeted the verdict
one James Corrigan. dean of the Fed
eral Building literary society, was heard
TO say:
You can fool all the people part Of
tho time only Is liberty dead in the
United States or is 1t not?"