Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1921-01-26
Steps Taken to Remove S75,.
600 Worth of Liquor From
Newark to Gold WarehouS,
DISMISSAL WAS SIGNED
Ruling Given in Case Follow
ing Order Dismissing War
rant for the Search.
By Special Correspondent.

BY Special Correspondent.
NEWARK. Jan. 26:-Steps were
made today to have $4,000 worth
of liquor seized by dry agents from
the warehouse of Frank Gold, Inc.
in Perth Amboy September 20 re-
moved from the LaBrecque ware
house at Newark. where it has been
stored since its seizure, to the Gold
warehouse on New Brunswick ave-
nue., Perth Amboy.
These steps were taken after
United States Commissioner Mat
thews had signed an order dismiss
ing the search warrant upon which
the liquor was seized and directed
the restoration of the property to
Frank Gold. Inc, the owner. Argu-
ment In the case was heard before
the commissioner yesterday after
noon.
The commissioners decision, in
part, follows:
after hearing all the testimony
in the case. both on behalf of the
petitioner and on behalf of the gov
ernment / am of the opinion that
the alleged search warrant is de-
fective for two reasons. First, what
purports to be the search warrant,
prepared upon a form purporting
to come from the supervising feder-
al prohibition agents office, is not
search warrant within the mean
ing of the statute, but it is rather an
affidavit for a search warrant. 1t
is really a supplemental affidavit to
the affidavit sworn to by Andrew A.
Quigley, for the purpose of obtain
ing search warrant. In the Sec
ond place, were we TO regard the
aforesaid affidavit for search war
rant as a real search warrant we
would have to hold that this alleged
search warrant Is invalid on its face
as not complying with the statute,
in that it does not set forth with
sufficiently particularly the facts
upon which the search warrant is
based.
1.-The fact that the government
agent, Sands. procured as an illegal
sale of 250 cases of whiskey does
not of itself indicate nor give suf-
ficient ground for the issuance of a
search warrant covering the bal
ance of the whiskey and liquors on
the gold premises. which, accord
ing to the testimony of the petition
er's witnesses were procured under
legitimate permit and through
legitimate permit and through
legitimate channels.
The alleged search warrant.
even if it were construed to be valid
as search warrant, would as coun-
sci for the petitioner urged, run
only to the liquors purchased illeg-
ally by Sands. for there is nothing in
the affidavit for search warrant to
indicate that the balance of the Ii
quor in the possession of the pc
titioner was contraband or was to
be sold illegally or was to be held,
possessed or disposed of in viola
tion of any provision or provisions
of the Volstead act.
The motion of counsel for the
petitioner to quash the search war
rant is, therefore. granted and an
order may be made directing the
restoration of the property inven-
toried on the alleged search war
rant to Frank Gold, Inc, from
whom 1t was taken"
Merritt Lane, former vice-chanoel-
lor. and John j. Stamler, of Eliza
beth, appeared for the defendant
company, Assistant Federal Attor-
ney Acton. of Trenton, represented
the government.