The New York herald., 1922-06-29
REISENWEBER RUM
| SALES ARE ENJOINED
Judge MantOn Makes Rul-
ing Permanent in Pub
lie Nuisance Case.
TEST IN U. S. COURT
Closing of Place or Opera
ting Oh $4,000 Bond
Under Amusement.
IZZY'S FORCE TESTIFIES
Agents Tell of Six Cases in
Criminal Court That Never
Have Been Called.
IZZY'S FORCE TESTIFIES

Judge Martin S. Manton in the
United States District Court yesterday
granted a permanent injunction against
the further sale of liquor in Reisen-
weber's Restaurant, at Columbus Circle
and Fifty-ninth street, and took under
this restaurant for year or allow 1t
to operate under a s50,o00 bond This
means that the move to close Reisen-
weber's as "a public nuisance" under
result in q test case.
1t Is the first attempt to utilize the
provisions of the Volstead act to the
full in New York State, except in the
case of the Ritz restaurant in Brook
lyn, which was sold. At the time the
present suit was started in the United
States District Court in March by
Victor House, Assistant United States
Attorney. it was said that the Govern
ment intended to make a test case of
it. If successful, similar suits may be
begun.
Technically. the present proceeding is
one in equity. the defendants being the
Fifty-eighth Street Corporation. which
operates the restaurant.
Marshall for Defendant.
H. Snowden Marshall. formerly United
States Attorney; Charles II. Griffiths
and Raymond H. Sarfaty appeared as
fA,. ~ Il o.
ernment was represented by John Holley
Clark. Jr.. Assistant United States At
torney and Sanford H. Cohen.
Mr.. Marshall challenged the Govern
ment's right to proceed against his cli-
ents In equity when there was an ade-
quate remedy in law.
Pending Judge Manton's ruling on the
the legal contentious, Prosecutor Clark
called to the stand Izzy Einstein, Moe
Smith, A. Van Tassel, Charles Leap
Wilbur Whitford and Bernard Straus
prohibition enforcement agents, who told
of six visits made since June 2, 1920, to
Reisenweber's, when they purchased
TASKS of Scotch and rye whisky. The
witnesses admitted that all these cases
were still pending in the Criminal Court
and that none has ever been set for trial
Strauss on cross-examination said that
when he entered Reisenweber's he car
ried on his hip a flask of whiskey which
was given him by his friend Leo Bern
stein. who runs a restaurant at Forty
seventh street and Broadway. While
at Reisenweber's Strauss said, he made
highballs from his own flask. and in
that way was able to induce a boot
Logging" waiter to sell him a pint of
Scotch whiskey for $3.50.
Denies Selling Liquor Now.
Benjamin Uberall. president OF the
corporation, testified that since Novem-
Der 81. 1921. no liquor had been sold in
the restaurant to the knowledge of the
present members OF the corporation. He
explained that the walters and kitchen
help were always closely watched to see
that they did not do any "pootlegging"
on their own account. One waiter and
two kitchen men suspected of telling
patrons that they could supply highballs.
the witness said. were discharged He
admitted that the employees accused by
the prohibition authorities were still in
the employ of the restaurant corpora
tion.
Uberall said that he had been under
indictment for some time, but for rea
sons unknown to him the Government
had refrained from bringing his case 20
trial.