Every evening, Wilmington daily commercial., 1920-01-14
| 6 NELL PLEADS GUILTY,
PAYS FINE AND Goes
State Authorities Release SOS, 900
Worth of Liquor Seized at
Newark on Saturday.

Following q plea of guilty, yesterday
afternoon before Judge Bayard 7. Heisel
Harry O Neill charged with illegal pos
session of whisky and also with unlaw-
fully transporting whisky into dry terri
tory, was hned 500 on each charge. At
the direction of Attorney General David
j. Reinhardt the truckload of whisky,
valued at approximately $4,000, which
was captured last Saturday night at New
ark while In transit to Philadelphia, was
allrelcased and went on toward the Quaker
City III charge of O'Neill.
After the trial the whisky was loaded
onto the truck at Sixteenth and King
| streets, where it had been stored for safe
keeping since the seizure Saturday night.
Ihere were ga cases of the stuff, besides
25 barrels.
The charges against O'Neill, the driver,
grew out of his giving quart of the liquor
tn Constable Apsley at Newark, ard he
was prosecuted under the Loose law. Con-
stables Wilmington, Jones and FcnnI-
more, who were sent to Newark TO bring
the truck load and the driver TO this city,
are alleged to have been given samples of
the whisky by o Neiil on the way to
/ Wilmington The unopened whisky came
under the interstate commerce regula-
tions, but it was the opened packages,
from which the constablcs slipped cautious
", that got the driver into trouble.
At the preliminary hearing before
Magistrate Harry l. Gilis Monday night
Deputy Attorney General Percy Warren
Green made the technical point that the
truck was to be considered at law case
Of whisky, and that il vas q violation
OF the law even to open the truck. II was
thereupon argued in reply that the truck
had been opened upon orders from the
C0nstables Attorney Robert III Richards.
representing O'Neill and Robert Mcln-
tosh u Philadelphia LAWYER, appearing
for the Past Motor Transportation Serv-
ice. Of Philadelphia, were both present at
the trial before Judge Ilcisci The latter
took no part in the trial however, rs the
company vas not mentioned rs q party
III the proceeding.
Attorney General Rcinhardt. when seen
about the matter this morning. said;
The State authorities cannot lawfully
interfere with shipment Of liquor, which
IN continuous transit passes through the
State Of Delaware, unless il clearly ap-
pears that the liquor is % be sold in
violation Of law az the place Of its deeti-
hatIOn.
The arrest at Newark Of the driver
Cl inc tTuCk IN question MAS caused nv
the fact that the driver had broken case
Of whisky in his possession and partly
Consumed bottle Of whisky was on The
seat beside him. The driver gave AZ least
two full quarts Of this whisky away near
Newark and this was a violation Of tho
Laws of Delaware
The only liquor which could rightly
he forfeited as = result of tho action Of tie
driver was the liquor which was in the
broken package and which was in actual
possession Of the driver. The liquor in the
barrels was IN continuous transit and the
liquor in the unhrokcn packages was in the
same condition. Therefore. the driver was
prosecuted for bringing into Delaware ard
distributing liquor IN violation of law and
for having in his possession IN dry territory
more than one quart a liquor. To these
two charges he pleaded guilty and was
iined and the balance Of tie liquor in the
broken package was forfeited
Tho truck was returned to repre-
sentative Of the owner and the rest Of the
liquor to q representative of the owner
81 the liquor