Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1921-06-22
LIQUOR TRIAL
ISP0SIPONED
South River Man Sentenced to
Six Months and Fined $500
by Judge Daily

Wy JuuyC OdUy
NEW BRUNSWICK, June 22.-
The latest development in the trial
of Walter Smith and Louis Bruer,
charged with having liquor in their
possession and illegally transporting
same, which was begun this morn
ing, was the motion of Prosecutor
Stricken for a postponement of the
trial for one week, and the passing
of sentence upon Michael Smith, the
driver of the truck in which the
booze was transported. He was the
first witness in the case. Smith was
sentenced to six months in the work
house and fined $500.
The prosecutor asked for a tenn
porary postponement for further in
vestigation of the case, following the
unwillingness of Smith to testify this
morning. A charge of perjury has
been entered against the man and
he is held on bail fixed at $1,000.
p Chief of Police Eberwein, of South
River, testified concerning the inves-
tigation conducted by him and the
finding of fifteen barrels of whiskey
in an ice house.
County Detective Ferd David was
next on the stand and told of find
ing the whiskey. two of the barrels
being filed with water instead of
liquor. He also said that when he
went to the ice house there were at
least ten men Standing near the
building.
In pronouncing sentence upon
Smith, Judge DAILY said: You have
pleaded guilty to having in your
possession and illegally transporting
liquor in violation of the state law,
and the pronouncing of sentence
depends upon the circumstances in
the case as well as the act itself.
No sane man could believe the tes-
timony you have given. Either you
are insane or you are a perjurer. l
sentence you to serve six months in
the county workhouse and also to
pay fine of $500.
Two other men. Harry Oliver of
New Brunswick. and man from
South River known as White. are
believed to have been the former
owners of the liquor. They will be
tried next week for having liquor in
their possession in violation of the
law.
An interesting feature of the case
is that when the South River chief
CT police reported the matter to the
prosecutor and was asked to take
the necessary steps for the arrest
of the men concerned the chief
refused. saying that Mayor Burton
had only authorized an investiga-
ton and had not ordered any arrests
made. The result was that the pros
ecutor had to proceed on his own
account.
Walter Smith and Louis Bruer. were
put on trial this morning in connec-
tion with the recent seizure of fif-
teen barrels of whiskey at South
River by the county authorities,
which was removed to an ice house
belonging to George Allgiar, on May
2S, by two men.
Complaint against Michael Smith
the driver Of the truck in which the
liquor was removed, was separated
from that against Walter Smith and
Bruer on motion of Assistant Pros
ecutor Toolan, who asked that the
men be tried separately. Two charg-
es were made, that of having the
LIQUOR In their possession and viola
ton of the law and of illegally trans
porting it.
The driver of the truck was the
first witness out Oh the stand and
proved to be refractory in giving
evidence. In the opinion of the
judge and prosecutor. he tried to
shield someone higher up by his
testimony. After naming Walter
Miller and Bruer as his accomplices
at the investigation conducted by
the South River chief of police af-
ter the seizure of the liquor he took
back the statements made at that
time and said that they were not
in the case. Asked by the
judge why he picked these two men
from the six thousand residents of
South River, the witness replied
that he was a little drunk at the
time and named the first men who
came into his mind. He denied that
he was receiving money for his tes-
timony and also that he had held
any conversation with the two men
previous to the, trial.
Upon cross examination it was
brought out that on several occa-
sions he had held lengthy conversa-
tions with the two men. speaking
freely on the subject.
According to his story of the in
cident he went to Miller's field May
26, about 10:3O P. NJ, with a truck
belonging to George Allgair, after
he had met two men on Main street
who asked him if he wished to
make 500 by transporting some
liquor which was about to be seized
by the authorities. He said that he
went freely, without asking for his
money in advance. He did not know
his destination, according to. his tes-
timony, and when asked for sugges-
tions as to a good place to store the
liquor he suggested the icehouse
owned by Allgair. where it was SUBJ
sequently found by the detectives.
The witness said he did not know
the two other men, except that they
were from New Brunswick.
Smith admitted giving the names
of Walter Smith and Bruer to Chief
of Police Ebedwein and later to
Prosecutor Stricken. butNtoday said
that that Testimony was false Ask