Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-11-11
ATTORNEYS CLASH
over INTOXICATING"
IN TRIAL REP. HILL

Baltimore. Md, Nov. 1O-After
placing only two witnesses on the
stand, the government late this af-
ternoon closed ITS case against Rep
resentatiye John Philip Hill, and de-
fence testimony was begun in the
congressman trial in federal court
On indlctmens charging violation of
the Nolstead act through the manu-
facture and possession of wine and
cider of more than one half of one
percent alcoholic content.
George Il. Boyer and Richard Ryan,
government chemists, testified for the
prosecution. Boyer said he was sent
to Mr.. Hills home here in September,
1928. to take samples of the congress-
mans homemade grape juice for
analysis. The question was certain
liquor III n five gallon keg at MIR.
Hilrs home wine?" put to the wit
ress by District Attorney Amos w.
w. Wcodcock, was objected to by de-
tense counsel. Mr.. Boyer then testi-
fed that the Leverage he tested con-
tanned around IL percent" OF alcohol
by volume.
Ryan testified that the cider made
this fall by Mr.. Hill contained 2:75
percent alcohol.
The defense opened it's case by put
ting DR.. John j. McGinity, a pharm-
acist, on the witness stand. DIR. Nc
Ginity was asked if he attended the
party" given recently by Mr.. Hill at
which the congressman furnished his
cider to several hundred guests. The
doctor replied that he had.
Did anybody get drunk?" asked
defense counsel.
District Attorney Woodcock OBJ
jected to the question, which he said
was irrelevant.
Judge Morris A. Soper. presiding
then asked Mr.. Woodcock If it were
his understanding of the law that
any beverage containing over one
half of one percent content is for
bidden?"
The district attorney replied that it
WAS, the defense took issue with him,
and the jury was dismissed until to-
morrow morning while the point was
argued.
Judge Soper asked Mr.. Woodcocil
if it were not his understanding of
the prohibition act that congress, in
referring to cider and fruit juices.
meant the word Intoxicating" to
mean intoxica ting in fact. without
reference 10 the one nal1 oil one per-
cent alcoholic limit placed on other
drinks.
Mr.. Woodcock replied that this
was not his understanding of the law.
and said the government had the
right to seize fruit Juices with no al
cohol in them if they suspected that
they would be converted into intoXi-
eating beverages. He cited the fact
tfat prohibition agents may seize
sugar If they think it is going to be
used for manufacture of liquor.
Arthur w. MaChen. of defense
COUNSEL then read n quotation from
n decision by Judge Augustus Hand.
of New York. issuing an injunction
against New York district attorney,
TN named, to restrain him from in
terferinC in the business of q New
Yorl; manufacturer of sweet apple
cider. In his complaint. on which
the injunction was issued. the man
ufacturcr had declared that it was
practically impossible to manufacture
q sweet cider the alcoholic content of
which would not occasionally go
above one half of one percent event
at the moment of manufacture, Mr..
Machen said.
Court adjourned until tomorrow.
with opposing attorneys still urguing
the exact meaning of the word "in-
toXicating" as used in the NolStead
act,