Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1922-04-14
TO USE new DRY Law
IN PROSECUTION OF
BOOZE CASE IN CITY
Case Turned Over to Prose-
cutor Stricken, Who Takes
Personal Charge

Accused of violation Of the Prohi-
bition Enforcement Law recently
enected by the legislature to su-
persede the Van Ness act that was
declared unconstitutional, William
Hunter and William Bisler, the two
New York men arrested in this city
early yesterday morning while going
through the city with a truck load
ed with whiskey, have been held
under $1,000 bail each for the action
of the grand jury.
Bail was taken by Recorder Har-
old Z. Pickersgill late yesterday af-
ternoon after Prosecutor Joseph r..
Stricken appeared at police head
quarters and made complaint
against the two men. The specific
charge is violation of Section 10 OF
the new state prohibition law.
This case is the first to be brought
to the attention of the authorities
since the passage of the new law and
the procedure as compared to the
Van Ness act offers a somewhat
interesting series of comparisons.
Under the present statute the man
ufacturer or seller of liqucr is liable
tc a fine of not more than $1,000
or not more than six months impris-
orment for the first offense. A sec
ond offense makes the prisoner la
BILE to a fine of not less than 5000
or more than $4,000 or jail sentence
of not less than one month or more
than five years.
Illegal transportation OF intoxicas-
ing liquor or violations of other SEE
tions of the new act carry fine or
not more than $500. with no jail
alternative for a first offense. For
the second offense a fine ranging
from 500 to $1,000 or jail SEN
tence may be imposed.
The new law also provides that
offenders be taken before magis-
trates and held for the grand jury.
instead of haling them before the
county Judge as in the case of the
Van Ness act. The recorders may
hold their prisoners for grand jury
action and the case is then prosecut-
ed by the county authorities just as
any other action. Trial by jury is
also included in the new act. The
vehicle used in transportation may
be released on a bond furnished by
the real owner, being issued to the
policeman or other officer making
the arrest. who is authorized to ac-
cept the bond.
The thirty-five cases of liquor
seized by Officers Aaron Franzblau
and Alfred Christopherson when
they stopped the truck at Amboy
and New Brunswick avenues yester-
day morning, were removed to New
Brunswick by County Detective Will
liam Fitzpatrick of the prosecutors
office this morning. The booze had
been stored in the padded cell at
police headquarters and was taken
to New Brunswick by truck, to be
turned over to Edmund Hayes, Gus
todian of seized liquor, pending dis.
position by the county.
A curious incident occurred at po-
lice headquarters yesterday In the
course of the proceedings before bail
was accepted for the prisoners
Three men appeared and asked the
prosecutor to arrange for bail. When
questioned by Mr.. Stricken 1t came
out that none of the three men
knew the prisoners. knew who was
the owner of the booze. 6r who was
the owner of the truck. According to
their statements they had just ap-
peared out of the kindness of their
hearts to get the liquor runners out
Of Jail. Prosecutor Stricken informed
the men frankly that he knew they
were not telling the truth and he
took the name and address of one
of the men. evidently in case further
information Is desired.
Officers Franzblau and Christoph-
erson, together with Detective Will
lam Cooper of the Lehigh Valley
Railroad. made the catch when their
attention was called to the truck as
it crossed the Lehigh Valley tracks
on New Brunswick avenue. The ma
chine was unusually noisy and an in-
vestigation showed 1t was running
with a broken rear wheel. evidently
because the drivers were afraid to
halt long enough to repair the
damage.