The New York herald., 1921-06-09
ALLEGED WHISKEY
SELLER EXONERATED
Justice Rorst Dismisses Jury
After Verdict of Not Guilty
Is Returned.

| After little more than an hours
consideration OF the evidence the second
| jury to try an alleged violator Of the
Mullan-Gage prohibition laws In New
York county returned a verdict of not
guilty yesterday in the case OF James
McWalters, proprietor of a saloon at 2011
Third avenue, who was accused Of hav-
ing quantity Of whiskey in his posses
sion on April 8. four days after the dry
laws became effective
Justice Henry v. Boret OF Amster-
dam. sitting as Judge In the Extraordi-
nary Term Of the Supreme Court to try
liquor cases. excused the jury from
further attendance at the present term
OF court, indicating, It Is said. his dis
agreement with the verdict. The first
jury trial Tuesday resulted In verdict
OF not guilty. The trial OF McWalters
consumed all Of yesterday.
Detectives Fred Russell and George
w. Renchey of the Fourth Inspection
District testified that they entered Nc
Walters's saloon and found quantity
of what appeared to be liquor behind the
bar In a copper measure and tea kettle.
They poured the liquid into four empty
bottles which were near and marked II
as evidence. McWalters was placed un-
der arrest and later indicted.
Only one bottle was produced In court
as evidence, and that was less than half
full Of what the prosecution said was
liquor. Edward J. Kelly. q chemist at
the city testing laboratory, testified tina,
he had analyzed the contents of the
bottle and found that 1t had Al per cent
alcoholic content
George Donnellan, counsel for McWal-
ters, wanted to know what quantity was
necessary to determine IL a liquid con-
all. t.1 -.
two ounces was sufficient for analysis
Donnellan questioned the witness about
the disappearance of such a large guam
tity from the bottle and called the at
tention of the jury to the nonappearance
of the other three bottles in court which
the detectives said had been taken as
evidence.
AS part of his own testimony, Mcwal-
ters said he was absent from his saloon
three days prior to the day OF his arrest,
and was. therefore. present In the estab-
lishment only one day following the pas
sage of the law before the detectives
made their search.
In his charge to the jury Justice
Borst said: The law may be wise or
unwise, but we are not here to deter
mine that"
Twenty-six cases of alleged liquor
violation were presented to the Grand
Jury yesterday by the prohibition bureau
| of the District Attorneys office. Twenty
were dismissed
Judge Otto A. Rosalsky In General
Sessions yesterday reversed a decision of
Magistrate Raphael Tobias. who found
Louis Van Brink of 242 Fifth avenue
guilty of disorderly conduct and inter-
ference with an officer. He was arrested
with two others on April az in a restau-
rant on West Forty-ninth street by a de-
tective who was looking for evidence Of
dry law offending. Counsel for Van
Brink contended that the arrest was IL
legal, as tho detective had no search
warrant qualifying him to etnter the
place.
II am not here to wreak vengeance on
first offendors," said Justice Borrt yes
terday, when Mrs. Elizabeth Carolla,
who conducts a grocery store at 301 East
1f7th street, pleaded guilty yesterday TO
violation of the dry law. Justice Borst
suspended sentence. Return TO your
five children" he told Mrs. Carolla. "and
keep within tho law"