Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-11-15
CONGRESSMAN WINS
FIGHT IN COURT To
TEST vOLSTEAD ACT
Shouts GIeefuIIy as All Six
Counts in indictment
Are Dismissed

BALTIMORE, Md, Nov. 49,
Manufactures of wines and cider of
ordinary alcoholic content in private
homes is permissible, a jury in
United States district court here de-
! cided today.
The jury dismissed all the counts
of the Indictment against Represent
tative John Philip Hill. Of Maryland,
which had charged him with unlaw-
full manufacture CT liza per cent
wine and 81 per cent cider in his
home.
Hill provoked the trial to test the
power of the Volstead act over home
brewing.
The jury reported to Judge Morris
Soper after twenty hours delibera-
ton that it had found Hill, the de-
PENDANT, not guilty on each Of thu
six counts i'll the indictment found
| against him.
The counts of the indictment had
charged Hill specifically with manu-
facture and possession of intoxi-
cants, and with creating a public
nuisance by having intoXicants in
! his home.
The exact wording of the dismiss
al was:
1--WE, the jury, find the defendant.
not. guilty of the matter of which he
stands indicted"
Judge Soper, in charging the jury,
told them that their verdict must be
considered as passing upon the ques-
ton of whether the beverage manu-
featured by Hill gas Intoxicating.
He said the issue of intoxicatlon
must be decided on the question of
whether or not "a practical amount
consumed by any man, would pro-
duce drunkenness.
HILL who has long been opposed
to the prohibition laws, shouted with
glee when the verdict was returned.
"Well, boys, you can make all the
wine you want now" he said II
always did have faith in the COM
mon sense of the Maryland juries."
The courtroom was damned when
the verdict was read and there were
cries of approval.
A dramatic story as to what trans
pired in the jury room was told
y y
turning their verdict.
1t developed that the deadlock
finally was broken when eleven of
| the jurors favoring acquittal ap-
| pealed to the hold out on the ground
that Christ, as recorded in the Bible,
recognized the utility OF wine
i Last midnight, ten of the jurors
had been convinced verdict of not,
guilty should be returned. AT 1:3O
a. M, one of the other two swung
over. Then the eleven concentrated
on Sebastian j. Linz, a grocer.
az am a prohibitionist and I am
opposed to wine, cider, beer and
everything else, no matter how
much alcohol it contains" Linz told
mis- fellow jurors.
Don't you read the Scriptures?
one Of his opponents asked. Don't
you know that Christ blssed wine?t
Do! you think yourself superior to.
Christi"
1t was not until breakfast time
that Linz relented.
Judge Soper made no statement
on the verdict.
After the verdict Hill went out
through the corridors, where he,
was acclaimed by the crowd like a.
! hero.
HILL CASE is CLOSED
INCIDENT, STONE SAYS
| WASHINGTON, Nov. 13.-Tne
department of justice will await a
full report from United States At
torney Woodcock at Baltimore be-
fore it is willing to comment on the
effect Of the acquittal of Represen-
tative John Phillip Hill in the cider;
manufacture case. Attorney Cen
eral Stone explained that there
could be no appeal by the govern.
ment under the law and that there,
fore the case against Mr.. Hi be-
comes d closed incident in so far az
| the government is concerned.
GOLD STUFF" VOLSTEAD
| SAYS OF HILL DECISION
GRANITE FALLS, Mimi, Nov.
13.-The opinion of Judge Morris A.
Soper, Of Baltimore, that fruit juices
may be made for home consumption
/ regardless Of the alcoholic content is
cold stuff" Andrew j. Volstead, ia,
| Their of the prohibition act, declared
| today. Judge Hand held the same
! opinion in New York some time ago,
according to Mr.. Volstead.
"You can't administer prohibition
enforcement by trying to interpret
what alcoholic content makes bev-
erage intoxicating" Mr.. Vo1stead
said.
1T was not the intention Of the
act to prohibit home making and
| consumption of fruit juice that will
not become wine. a fruit juice
will not develop any alcoholic con-
| tent without the use Of sugar. Some
| persons would become intoxicated on
a small percentage Of alcoholic con-
tent while others can consume large
quantities Of high content without
exhibiting signs Of intoxication.
Il do not feel that the ruling OF
Judge Soper will have any effect on
nrohibitiOn enforcement"