Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1924-11-12
JUDGE CHARGES
jury TO IGNORE
FOOD EXPERTS
Final Arguments in Bal
timore Liquor Case
Submitted; Doctors
Define Intoxicants
fBy The Associated PreS)

BALTIMORE, Nov. l2-Charging the
jury in the trial Of Representative
John Phillip Hill in the United States
district court for alleged violation Of
the NOlstead act. Judge Morris A.
Soper directed the jurymen to ignore
the definitions Of intoxication as ex-
pounded by DR.. Harvey W. Wiley. pure
food expt ri, and DR.. Howard f. Kelly
of Baltimore. These witnesses testi-
fled yesterday that cider with 270 per
cent alcohol and wine with ll.64 per
cent alcohol are intoxicating. He also
told the jury to find Colonel Hill not
guilty on the fifth and sixth counts
Of the Indictment which charge him
with maintaining a common nuisance at
his home.
District Attorney Woodcck asked
the court TO instruct the Jury that the
burden OF proof rested on Colonel Hill
10 prove that his fruit juices were not
intoxicating and that il was not in
cumbent upon the government to prove
that they were intoxicating.
Judge Soper declined TO do so.
The charge 70 the jury preceded ar
gumcnt in the case. which was opened
by Arthur W. Machen for the defense.
He told the jury IL was not Hill who
was on trial, but the last vestige Of
American liberty"
Woodcock objected. and Judge Soper
old Machon he could not make an anti
prohibition speech in court.
The taking Of testimony ended yes
terday when the government put three
~ buttal witnesses on the stand. Mr.
Hill j. charged wilI violating the
Nolstead act by manufacturing wine
and cider containing more than one
half of one per cent of alcohol and
with maintaining q nuisance at his
home here during the process of manu-
farture
Representative Hill expressed de-
light at the opinion handed down yes
terday by Judge Soper that il was
the intention of congress in passing
the Nolstead act to permit the manu-
facture of fruit juices and cider for
home use; that the limitation to one
half VI one per cent alcoholic content
does not apply in such cases. the bev-
erages having 70 be intoxicating in
fact to be illegal; and that where the
admission is made that beverages have
been produced OF higher alcoholic
content the makers ma ypresent evi-
dence to show that they are not a
toXicating in fact
Declaring il one Of the most import-
ant statements so far given in con-
ncction with the opinion Of the Vol-s
stead act. Mr.. Hill sale:
There is nothing in Judge Soper's
opinion that ! have not stood for ever
since HI gan my fight against the ini-
quitous prohibition law
1t supports my contention that
there has been discfini nation BY the
prohibition department in favor Of the
farmer and against the urban citizen
Farmers have been permitted to manu-
facture their cider without regard OF
the one half Of the one per cent pro-
vision of the Nolstead act, while the
dweller in the city has been rigidly re-
stricted 10 the innecuous half-of-one-
per cent beer.
THE fight will continue until all
citizens. whether they live in the cities
Or the rural communities, enjoy the
same liberty and privilege. Wholesome
beer and light wiies and cider should
he within the reach Of all. and shall
continue to press my bill in congress.