Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-08-24
Home Brew Case
Before His Honor

An examination IN CHeIliSlIy' All So
fas as it has to do with fermenta-
tion and the percentage Of alcoholic
content, was one of the features OF
the hearing Of William Landry Of 8
Redington street. who was before the
Municipal court Monday morning on
the charge Of illegal possession OF
liquors. Landrys house was search
ed. Sunday evening by Deputy Sher-
ifs Dignam and Dutton, and as a
result of the search a wash tub half
full of some sort of liquor, large tin
can, a jug and bag Of bottles were
brought into court as evidence.
Sheriff Dignam told Of the search
and said that he had no doubt that
the mixture in the tub contained
more than one half of one percent of
alcohol. That it had only to be dis
titled number of times to get pure
alcohol. He said that Mr.. Landry's
housekeeper had stated that Mr..
Landry had mixed the stuff and
some one was going to loan him
something to boil it in. He believed
that in it's present form it was in
toxicating.
Sheriff Dutton when called to the
contents of the tub some kind of
liquor, but couldn't swear that there
was alcohol in it and didn't know
about boiling or the increase Of per-
centage of alcohol by boiling. He
saw nothing that looked like a still
and the mixture was cold when
found. It was in the tub on the
floor of the spare room, the door be-
ing closed, but not locked.
At the close of Sheriff buttons tes-
timony, Sheriff Dingnam asked the
court for the privilege of asking a
question, which was granted. Mr..
Dutton, don't you know that a mix
ture that ferments without boiling
becomes intoxicating? to which Mr.
Dutton answered. Yes"
Mr.. Landry stated that the mixture
in the tub was nothing but molasses
and water and had never been boiled.
That it was not intoxicating, nothing
but sweet water. The bottles, he
said, were in the shed when he
moved to his present home and the
tin can was there also. The jug had
been used for nothing but molasses.
He said that he was making the mix
ture for soft drinks for his own use
and admitted that in the tub was
gallon Of molasses. four gallons of
water and small bottle of root beer.
Fermentation with sugar or mo-
iasses cause alcohol, does it not?"
asked Judge Plumstead. to which the
respondent answered that he didn't
know. Miss Helen Livingstone, Lam
drys housekeeper testified that Lam
dry mixed the stuff Sunday afternoon
at $3.50 or o'clock, and she called it
root beer.
Deputy Sheriff bingham was re-
called to the stand and questioned at
length in regard to fermentation and
how long period Of time it needed
before a sufficient quantity of alco-
mol is created to make a drink intoxi-
eating. Mr.. bingham stated that he
based his opinion on stuff that he
mad tasted and that if a mixture is
put together with yeast in it, as the
lady said it had, on Sunday, it would
be liquor in the morning. That he
had had stuff tested on Wednesday
that was made on Monday and 1t
contained six per cent. alcohol.
Judge Plumstead found the mixture
intoxicating liquor within the mean
ing OF the statutes and intended for
ihesal sale by the respondent. He
imposed the minimum sentence of
300 and two months in Jail and IN
delault. OF the fine and costs, six
months additional. Landry appealed
and was held in $500 bonds for his
appearance at the September term If
court. Thomas Weeks was counsel
for Landry.