Every evening, Wilmington daily commercial., 1920-01-19
LIQUORS FATE RESTS
WITH FISHER CASES
On the Outcome Will Depend
Whether Private Stocks Can
Exceed One Quart.

Th, faie of all private stock IN the
hands of WImingtonians Is wrapped up u
+he ease Of the State w. Elmer flshcr ana
William Fisher. charged with having IN
tbcir possession more than one quart OF
hn,1or, a violation of the Loose law: which
WIS heard Saturday afternoon before
Magistrate Barnet Gluckman. nc case
was continued TO the upper court after
witnesses for the prosecution were eX-
arnincd by Deputy Attorney-Gencrai
Percy W. Green.
II was brought out clearly IN the trial
that If the contention oi the state Is up,
held. all stocks Of liquor now on hand VIII
be held contraband, lnasmuch as INC pos
session of more than one quart ol nauof
is prohibited bv the Loose law. which was
passed AZ the last session OF the ''eherai
Assembly.
The first witness called was Defective
Sergeant Francis Green tie testhed tha'
on the 9Th of January his attention was
called to certain wooden cases Which Wcrc
helng carried from two sutornoolleS mo rhN'
I'LL, house at l342 Orange street ms
house was the home OF William Fisher
wbo was conveying the boxes INTO the
housc On questioning William Fisher INC
Ia+ter refused To say what he had bccn
carrying into the cellar lie was taken 70
tbn (Ity Hall where he still refused 70
state the contents, bur finally admitted
that Il was whisky though nc refused ~
disclose where he had secured q
Scrrcant Green found IN the cellar q
tbe house. 1882 Orange street, ~ cases 81
whisky containing 35s fun bottles and
tu.o broken bottles The bottles were not
fun quarts. but what are termed "hithS
and would be approximately 300 quarts
Tho sergeant. on the 9Th Of january. Went
~ tho homo of Elmer Fisher. Su3 Monroe
etraot where he discovered seven tut
eayos one pastohoard carton containing
sjx quarts oi whisky, and two fuIi cases,
lacking four oi brandy
When he questioned Elmer Usher con
cerning the liquor. Elmer stated that ne
had bought the liquor prior to July last,
that hc Had bought it for his own use ana
nai,I for II ont of his own pocket
He said all the liquor sel1cd t%iolgen -
him. and that his brother WAS mercy r.
moving II from his home a e0o Monroe
street IL the Orange street address, lhe
home. az hi >fa,her. and That le Fi'''r'
was going IL move there -
'<arraaT7t Green also testified tha' IT.
mer Fisher told him that nc 'sh'r nae
RI. drunk ANYTHING Tor II vesrs. ou' want
al 10 hc prepared II case ne WanfFi II e
III drinking again He also stated : hat Nc
,,.sn,od \ fo- III wifc II She needed II, and
fEet he wanted i To rllN he baoy Witt
IL rra.--aNarnlnafion L t'arTet1. tor
~ defense asked whether or not the
horse 1912 Orange stree, snd sos Mon
-oe --rcot we're dwelling houses Sergeant
f.~oen saiJ .hai thp< were- He also sad
thaf he had never had any reason ior r.
fie1-,oc thst 4 he houses were beng used for
! the sale 81 intnxIratng liquors
Sergeant Joseph 5 DAVIS tfSttne1 inst
! r., .aw William Fisher removing the wood
On case. from the TWO autou4obieT 10 the
house On Orange street and notified
| Sergeant Green Sergeant DAVIS said also
! that ne tasted the contents and that
| the BOTTLES contained WHISKY
! DcnlItv Attornev-Cicneral Z. Warren
| C;ree5 then rested ms case MIR Garrett
! for the prisoners offered no witnesses.
Mr.. Green asked that the prisoners be
held for upper court. He contended that
/ The Loose law automatically prevails
| when the city and State went dry by
| Federal law II made no difference. ne
! said. how the city went, but when It did.
/ the Loose law became operative I tnder
! il. no one might have more than one quart
/ Of LIQUOR IN his possession. He saId also
I that this was the first tune that the ques-
! ton had come Up. and that the matter
/ should be ruled on by the court
! Mr.. Garrett contended that the city OF
/ Wilmington became dry by reason. .oF d
! Federal law. and under that Law, man 5
! house or dwelling may not be searched
! No law, he said, could rise above its
/ source The Loose law must bow 10 this
/ Federal law. which stated that there shall
+ be no search and seizure n man
/ dwelling
Magistrate Guckman held the Dc
i PENDANTS for the March term Of codr,
Bal w4s fixed II $500 each, William J.
/ TYSON being bondsman