Evening journal., 1922-09-12
GUILTY PLEA
BY M'KELVEY


s About three or four months ago.
> McKelvey bought large quantity of
4 the same 'ready brew mixture
from a Philadelphia house. This
2 beer was not palatable, and he was
= negotiating to return II to the
a makers when 1t was seized by the
! Federal agents. While Technically
guilty" McKelvey was not "inten-
tlonally So" Mr.. Berl contended.
; Federal Agent Green. colored,
testified to buying beer at the hotel.
He said the bartender asked IL he
wanted is, or 25 cent" beer. Green
replied the best" Later in June,
Green, Paul and Stafford, all govern
ment agents bought more of the
best beer" Green testified It was
good beer in taste.
Green's testimony was corroborat-
ed by Agent Parker. The court ques-
toned a statement by Parker that
''McKelvey had looked them over"
McKelvey testified in his own de-
fense that he was solicited to buy
the ingredients for the near beer
from a wholesale grocery in Will
mington and that he did not know
its alcoholic content. Then he
bought a quantity from a Philadel-
phia firm. None OF the beer made
from 1t was satisfactory, and he
made no practice of selling 1t. he
said. He was endeavoring to get
the Philadelphia firm to take it back
when the raid in his place was made
on June 29.
Judge Morris questioned why the
beer supposed to be bad" sold for
20 cents while other supposed to be
good" brought only 10 to is cents
a glass. Testimony was that the
bad" beer before turning sour, had |
sold regularly for 25 cents, and |
after It had turned sour there was
still a demand for It.
Harry H. Boynton, local man /
ager for Reeves, Parvin and Com
pany, wholesale grocers. testified to |
McKelvey calling attention to the
sourness of the beer. Council for the
defendant introduced correspond
ence between McKelvey and the
firm, showing he had complained of
the beer and wanted the firm to take
IL back.
Judge Morris by questions brought
out in much detail the method of
making beer from the ready to
brew" materials.
Mayor Eben B. Frazer, mayor Of
Newark. testified he had known Nc
Kelvey IL to IL years and McKelvey
had always borne an excellent
reputation" Mayor Frazer said he
had never received any complaints
against NICK elvey's hotel.
George L. Medill, State Bank
Commissioner. resident of Newark,
also testified McKelvey's character
was good and that he conducted a
good hotel" DR.. Charles II. Blake,
of Newark, testified he had known
McKelvey over is years and his
reputation always had been good. He
added McKelvey had brought order
out Of chaos" at the Deer Park
Hotel.
At this juncture the court re-
cessed for lunch.
Prior TO hearing the McKelvey
case Dave Malatesta. this city,
through counsel changed his plea
from not guilty TO guilty on charge
Of selling liquor. Prohibition Agent {
Howard testified Malatesta was ar /
rested on May % near Richardson r
Park after accepting $40 in marked r
money for liquor. His bus has been t
seized. [
Justice william S. Carhart. John 0
r. DuRoss. Walter E. Powell, and r
,thers testified to Maltatesta's good 0
character. The defendant testified c
40 hnd -, 1
learly all in Delaware. 4
His attorney declared the sale in
question was Malatesta's first, and
lie had four children.
Judge Morris sentenced Malatesta
o three months in the workhouse
md to pay a fine of 81, without
osts.
Stanley Bugazewski pleaded guilty
o sale and transportation. Agent
Toward testified that five gallons of
lcohol had been purchased of the
efendant. and seized his car. Philip D.
. Garrett, counsel, and District m
ttorney Hughes admitted Bugazew- ti
ki's good character. AZ ~
The court gave Bagazewski three NJ
lonths and a fine Of 81, without
osts. Z,
Sigmund Spiegler was next called. OF
he district attorney nolle pressed "
ne case against John Rudick. Spieg- OF
n pleaded guilty to driving for hire nc
car containing liquor. Mr.. Gar o.
stt, his counsel, said Spiegler would III
,se his car. A fine of 500 was sug- IN
ested by the court. Mr.. Hughes De
rged $500 or s400. but the court
Iade It 500.
Dominick Lestardo, charged with ~
oerating a pool room atswhich he ~
Id liquor personally. presented ue
trough counsel a certificate from W.
r. Lopold Vaccaro saying he had ~
zen treating Listardo for a mild 81"
cart affection. He was sentenced
three months in the workhouse. "a, "a
About sixty gallons of liduor. ~
lied from the defendants sentenced ~,
day, was ordered by Judge Morris, 40
be publicly dumped down the -
wer, at Sixth and King streets at ~
o'clock daylight time) tomorrow 4
orning. 4
RGE CARNEY FOR CORONER.
Michael ]. Carney. of 511 Madi- =
., o4r % hafpR rrUad hxy HE ~