New Britain herald., 1923-10-20
Important Ruling Made in
 Police Court Hinges on
 Presence or Absence of ! Benzoate of Soda.
Hungerford Quotes Recent Opinion Handed Down by U. s. Treasury Depart. ment and Asks When Fer mentation Begins.

Because the state did not show
 whether or not benfoste of soda wal
 used Tn the sample of cider taker
 from the store of Charles Graffins
 on Church street. October 2. Judge
 N. C. Hungerford in police court thil
 morning found it necessary 10 dis.
 miss the charge Of seiing liquid
 having an alcoholic content in viola.
 ton of the law.
 The point. which was raised by At.
 torney David L. Dunn. came lip in
 the local court for the first time
 this morning and hinged entirely on
 the fact that the definition of cider
 is somewhat different from that of
 other drinks containing alcoholic contents.
 The T. s. Treasury department
 handed down decision July f9. 1923.
 defining cider. which points out that
 the alcoholic content can be con trolled by the addition of benzoate of soda. The addition of the ben zoate of soda, if proven by the de- fense would indicate that the cider was not alcoholic. providing the ben zoate of soda were put in immediately upon pressing, inasmhch as cider be ,. gins to ferment while still in the press. The law defines as illegal. "nll fermented cider sold or kept for sale" which the judge points out theoretically makes all cider illegal, although 1t would be manifestly un- fair to say cider right out of the press was an alcoholic drink.
 Had the state been able to prove this morning that the manufacturers of the cider had failed to put ben zoate of soda in their product. it would have made 1t an illegal drink. This the state failed to do and the case was dismissed
 Judge Hungerford's decision was as follows:
 "The accused is charged on two counts. First, of keeping a place in which it is reputed that spirituous and intoxicating liquors are kept for sale and exchange, and, second, or owning and keeping with intent to sell and exchange a liquid, portion of which is spirituous and intoXicat- ing
 "Testimony on behalf of the state was that the liquid in possession or the accused was cider. and the chemist for the state testified that on analysis the cider in question showed alcoholic content of three and twelve one -hundredths per cent (S.f2o
 section 1 of Chapter 291, Public Acts of 1921. declares spirituous and liquors to include all mixed liauors, all mixed liquors of which part is spirituous and intoxi- eating, all distilled spirits, all Ja- maica ginger. all wines, ale and port CT, all beer manufactured from hops and malt or from hops and bar lev. which are declared by the laws of the United States to be intoxicating liouors: and then adds. and all fer cider sold or kept for sale.
 Tt is therefore apparent that the te st for alcoholic content is not the test to be applied for the legality or illegality of cider. Theoretically, begins the instant that cider leaves the press, and taken literally, the freshest cider would pc illegal. At just what stage, then, or does cider become Illegal? No test for this is given under this section above referred to.
 "A ruling of the treasury depart ment recently handed down, amending Article V. of Regulation 60, Section 34. defines cider as being the ex- pressed juice of whole. fresh sound, ripe apples, exclusive of any extreme ,us or foreign matter and without re- rard to the fermentation or alcoholic content thereof. Sweet cider is de- ined as being the fresh juice obtained rom the first pressing of whole, fresh. sound. ripe apples, and preserved .weet cider is sweet cider as defined ,boye. in which alcoholic fermenta- ion is prevented or materially retard- d by the addition immediately upon ,ressipg, of U. $. P. benzoate of soda n the proportion of not less than our to four and one-half avoidupois ,unces to each barrel of not exceeding ,fty wine barrels capacity.
 "As the state presented no evidence bowipg either the presence or ab- euce of benzoate of soda in the cider, aken. it is apparent that the proper ,.st for determining the legality or H. pgality of the cider was not taken, nd the accused is therefore dis- harged on both counts"