New-York tribune., 1921-11-03
Raiders Pose as
Milk Strikers.
Shoot Cafe Man
Small Riot Breaks i'm Upper
West Side Bar as Dry Trio
Buy Drinks and Fire as
Owner Starts to Fight
British Run, Ship Seized
u. S. Jury Indicts Wholesaler
Under Criminal Code for
l8,OOO-Qt. Whisky Fraud

Three prohibition enforcement
agents. posing as striking milk drivers,
yesterday morning entered the cafe
conducted by Joseph Morris. at 81 Old
Broadway. to see what they could see.
The trio consisted of Leonard A. Be-
lanti, Herman Wittcnhcrg and John
Kerrigan.
The cafe stands q short distance
from the milk depots of the Borden
l25th Street. The milk strikers also
had headquarters near by. Witten-
berg and Belanti sauntered up to the
bar and ordered whisky. They got
their drinks, they said, each of them
paying so cents.
Wittenberg, it is said, then started
behind the bar. This intrusion was
resented by Morris. Wittenberg Crap
pied with Morris and appeared to be
getting the worst of it when Belanti
ordered Morris to take his hands off
the enforcement agent. Morris, it is /!
said, disregarded the order and Beianti
fred, the bullet penetrating Morris's
left leg.
Small Riot Results
The firing Of the shot caused gen
eral disturbance, in which tables and
chairs were overturned, glasses
smashed and bottles hurled back and
forth across the cafe. Striking milk
drivers in the neighborhood, iearning Of
tfhe disturbance in the cafe, swarme ed
to it on the run and tried to get in
The agents remained on the inside with
revolvers drawn, waiting to be at
tackled, but patrolmen succeeded ir
forcing the crowd back. Morris's
wounds were dressed and he was taken
to the West 125th Street station and
locked up.
During the time the crowd stormet
the door of the safe several shots
were fired. both inside and out. The
bona fde milk drivers, it is said5 were
inclined to be resentful when they
learned that three prohibition agents
were impersonatin gthem.
Suspects in heavy liquor withdrawal
cases, in which forged, stolen or fraud.
ulent permits were used, are not to. be
prosecuted as violators of the VolsteaC
act, but will be prosecuted by the gov.
ernment under the criminal code. II
convicted they will be liable to from
FIVE to ten years ID Federal peniten.
tiaries.
Wholesaler Indicted
This became known yesterday wher
two indictments were returned by the
Federal grand jury against John LIE
Pennaf wholesaler and once holder OF
basic permit for the sale Of alcoholic
liquors, who has places Of business IL
Washington and Pearl streets. The
original indictments in this case cover
special withdrawal permits for 18,00(
quarts of whisky in gallon lots. Per
mits alleged to have been possessed by
La Penna, covering the withdrawal Of
10000 quarts more, are in the hands Of
Assistant United States District At.
torney M. S. Mattuck.
"You will notice." said Mr.. MattucA
yesterday. chat we have not charged
La Penna as a violator of the Volstead
act, but are prosecuting under the
criminal code. There are two charges
One is that La Penn had in his
possession fraudulent government docu
ments with intent to utter, and ths
other is that La Penna had in his pos
session stolen documents<of the United
States government. The penalty i.
five years in the Federal penitentiar!
on either charge"
The British schooner j. b. Young
wooden, two-masted and painted black
wac seized at Clifton, S. l., yesterday
She carried 800 cases of whisky on {
manifest which called for 1900 cases