Perth Amboy evening news., 1921-05-17
tBy Evening News STAFF Corresponds ent.l

lllleu -OU.
tBy Evening News STAFF Correspondent
NEW BRUNSWICK, May IL
The first case to be tried in Middle
sex county as the outcome of an ar
rest made under the new state law
known as the prohibition enforce
ment act" is being conducted before
Judge Peter +. DAILY as magistrate
without n jury here this afternoon.
Patrick j. Rocks, OF Old Bridge. a
former Perth Amboy saloonkeeper.
ist he defendant, he being charged
with selling liquor in violation of the
state law. State Senator Thomas
Brown is representing Rocks and
Assistant Prosecutor John f.. Toolan
is prosecuting the case for the state.
1t appeared early in the case as
though Senator Brown intended to
make thi. n test case to learn wheth-
er or not the enforcement act is
constitutional.
Senator Brown objected to the
jurisdiction Of the court for three
reasons: First the failure of the
act to provide a trial by jury; sec
ond, the failure of the act to pro-
vide for the right of Indictment
through grand jury presentment
and third, on contention that the
law is faulty and against the state
constitution in that the title of the
act expresses one object and the
body expresses numerous objects.
Senator Brown formally demanded
trial by jury. His request was
overruled by Judge DAILY. Rocks
was then called uupon to plea and
made technical plea of mo. gull
ty."
Only two witnesses were heard
they being William +. Eek and Will
liam c. Thurman, both OF who1n
purchased drinks of whiskey in
Rocks saloon on May Z. Rocks
would not go on the stand and deny
that the drinks had been sold, but
maintained he did not do the actual
selling although his bartender served
the two men while Rocks himself
was in the room with them. Judge
DAILY made a statement explaining
his action in this case, the first oil
it's kind to come before him.
Judge DAILY said that as far as the
constitutionalty of the law is con-
cerned that is for the supreme court
to decide and not him. He said the
testimony showed that two men had
been served with drinks in Rocks
presence and although the defend
ant was not physically" engaged In
selling the liquor. he is responsible
for the acts of those in his employ.
Heretofore liquor violations have
been tried under the crimes act, he
said, and sentences were handed out
in accordance thereof. The new state
law makes this violation in the same
category as disorderly conduct, he
said. and sentences would be mea-
sured out accordingly. He imposed
$3.50 fine.
81 think it is proper" Judge DAILY
said. ito state that this sentence can
not be safely regarded as pre-
cedent of what disposition will be
made of future cases"
Among the cases which are sched-
uled to come before him are those
of Patrick j. Rocks and Joseph Gal
aida, both of Perth Amboy. two New
Brunswick men, and possibly Two
women who were arrested yesterday
on complaint of County Detective
Ferd A. David.
The two women are Anna Camp
Epping and Annie Doe Smith, both
of whom are charged with violation
of the state prohibition enforcement
act at the Van Camp Inn at Iselin.
1t is charged that three private de-
tectives n. A. Poggi, Walter Stanton
and William Gutheill visited the
place and were served with whis-
key, and that on Saturday afternoon
a half pint of booze was bought from
them for $3.50. The two women
were committed to Jail but were
released in $500 and $1,000 bail,
respectively. furnished by Mandel
Kornblatt. of Metuchen.