Every evening, Wilmington daily commercial., 1920-01-13
BOOZE CAR DRIVER
IS HELD TO COURT
Man Arrested at Newark With
Cargo of SOS, 1000 Worth OF
Whisky is Under Bond.

Harry O'Neill, driver of the 500, 600
whisky truck, who was arrested last
Saturday night, was given a hearing
about $50 o clock last night at the Office
of magistrate Harry l. ellis, Seventh and
Shiplev streets, and was held under S2OO
bail for the Court of General Sessions.
O'Neill was arrested ON two warrants,
under the Loose law. by State authorities
at Newark, and brought to this city for
"a hearing. Robert Ill. Richards was
attorney for the defendant and z. Warren
Green deputy attorney general, repre-
sented the State.
Constable Apsley. of Newark .nterro-
gated by Mr.. Green stated that he had
seen the truck standing in front of u
garage while he was walking up Ma N
street, Newark. Seeing the driver
tO'Ncill) talking to Negro, he approach
cd O'Neill and asked what the cargo of
the truck was. O'Neil stated that the
truck carried merchandise. Then Com
stable Apsley asked him directly if IL
was whisky. O'Neill stated that it was.
Apsley then placed O'Neill under arrest,
and called Wilmington authorities. He
said that before he placed ONeill under
arrest, the latter offered him a quart OF
whisky Apsley said he accepted it and
told 0'Neill that he could have it any
time he returned to Newark.
Constable Wilmington questioned by
MIR Green as TO the contents OF the truck
and as To where the missing whisky had
gone stated that o Neill had offered them
a quart of the whisky and that they ac-
cepted the offer, each taking several
drinks from the bottle
Constable Jones said that he had drunk
some OF the whisky and that it was o. *.
When questioned by Attorney Green,
he stated that the whisky cases were
counted by Magistrate Glllis when the
truck was unloaded in front of his office
and that there were 9f cases, while the
bill OF ladlng called for 100. The differ
cnce was not accounted Tor.
After much arguing of the Loose law
and its technical meaning, Attorney
Richards asked Magistrate GIhs to dis
miss the case against O'NcIli. While
the law was being argued, Alex Mcintosh,
4 Philadelphia attorney recently from
Kansas, took up the defense of O'Neill.
At the close of the case, O'Ncill was re-
leased on bail furnished by John Hsnnlgan,
The decision of the magistrate was the
result of an hours s consultation as TO the
alleged violation Of the Loose law At
torney Richards contended that O'Nelll,
who was acting as a chauffeur for the
Fast Motors Transportation Service Of
Philadelphia carrying the liquor from
Baltimore TO Philadelphia, was within
the law, as his cargo was being transported
according TO the interstate commerce
laws, which prohibits any State authority
from interfering with the shipment
Attorney Richards stated that if the stop
Of from thirty 20 forty minutes ut New
ark in order that the driver could re-
plenish his gasoline tank were violation
of the law. then shipment Of whisky
IN a freight car, which IS generally side
tracked for several days at a time in the
local freight yards, could also tie coniis-
Gated.
The liquor was consigned TO John
Frederick, wholesale bother, of Philadcl-
phia, and was shipped from the Taco
Bottling Works, Baltimore, Md. The
whisky, according to MIR. Frederick. was
purchased early last June for the sum Of
$4,000. and was TO have been bottled for
sale to druggists and hospitals. The
liquor was bonded stock.
The Fast Motors Transportation Ser
wee was represented bv Attorney Robert
Mcintosh Of Philadelphia The attorney
will likely ask for writ Of habcas corpus
IN an effort 70 complete the trial before
the national prohibition law goes into
effect next Saturday.