New Britain herald., 1924-11-11
Judge Soper, In Con- gressman HilFs Case, Rules Against One Half Of One Per Cent Regulation.
Contends Congress Did Not Mean to Include Drinks Manufactured Exclusively for Home Use.

Baltimore, Nov. 1t.--In the trial of Representative John Philip Hill in the United States court here today for alleged violations of the volstead act, Judge Morris A. Soper ruled that the one-halfaof one per cent clause in the VolsteAd law does not apply to beverages made in the home for homo consumption.
 The Courts Ruling.
 Judge Soper said:
 Congress seems to have used the word misunderstanding differently in one section than it did in another. To my mind, congress plainly intended that persons manufacturing cider and wine exclusively for use in their homes should be in a class by them selves, or otherwise there Is no ap- parent need for this section (Section 29.)
 The only reasonable explanation for congress singling out homemade cider and wine-makers is that con- gress did not intend to punish men for such manufacture unless the beverage Is intoxicating in fact.
 This opinion seems to be borne out by an opinion expressed in the United States senate in September, 1919, when the volstead act was be- ing debated by the chairman of the committee in charge of the bill He expressed the opinion when this section was added to the bill by amendment that elder and fruit juices made exclusively for use in the home must be intoxicating in fsct,n
 The ruling was the result of a lengthy argument yesterday by counsel for Hill and United States District Attorney Amos w.. Wood cock.
 Had ii Per Cent.
 The government chemists testi fled that Colonel Hills homemade wine had an alcoholic content as high as eleven per cent.
 Hilps defense was based on the ambiguity Of Section 2s of the vol- stead act, which permits the manu- facture of homemade fruit juices and cider, provided they are non-intox- icating. but forbids their sale to anyone except those who have a per- init to make vinegar from the cider.
 Colonel Hill. himself, was the first witness for the defense. He said that he had had correspondence with Prohibition Commissioner Haynes concerning wine and cider but Dis trict Attorney Woodcock objected to the introduction of the correspond ence as evidence and was suc- tained. The court also sustained Woodcock's objection to Hill's offer ing as evidence his notification to the collector of internal revenue that he intended to engage in the home, manufacture of wine and cider.
 To end the examination, Wood cock said the government would ad- init that Colonel Hill had made the wine and cider exclusively for use in his home.
 Colonel Hill then described how he had made the grape juice and said he had followed instructions of the department of agriculture.
 He had drunk it, he said. It was still in process of fermentation. It had no effect upon him, 1t would have nauseated him before he be- vame drunk because of its sweet ness he said.
 The district attorney objected to the use of the words grape juice" by the defense's counsel, saying the product of Colonel Hills experiment was wine.
 Claims It Non Intuxicant.
 Attorney Arthur Machen, of Hill's counsel, insisted it was grape juice whereupon Judge soper asked:
 Do I understand that counsel for the defense intends to offer evidence that beverages containing II per cent ef alcohol by volume are not intoxi-
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