Douglas daily dispatch., 1927-12-02
JURY ACQUITS
WHOLESALERS
OF FRUIT JUICE

-Four Chicago men today were ac-
Quilted of conspiracy to violate the
Volstead act by selling unfermented
grape juice, but tonight speculation
as to the effect of the jury's verdict
on future prohibition enforcement
policy far overshadowed the case
itself.
The men discharged were Elmer
F.. Neibuhr, Carl A. F'utter, Lester
Hynes and j. r. Cradle, offices and
statesmen Of the United Vineyards
association and the California Vine
yards c%apany, both Chicago con-
Germs.
Speculation arising from the +case
was on the subject of whether the
acauittal would stifle prosecution of
SIMILAR cases and thus lend prac.
tical, even if not, legal, sanction to
the distribution of zunfermented grape
Juice which, under normal temper
atllre conditions, will develop an
alcoholic content far beyond the one
half of one per cent contemplated
by the Volstead act.
Two views predominated in discus
sionsF with which the federal building
teemed after the defendants were
freed. One line of reasoning was
that although the verdict of a jury
did not have the effect of an enun-
citation of law by higher court,
it, would have the practical effect
of diminishing the vigilance of pro-
hibition officers on this score.
"If a jury in Indiana one of the
driest states in the union, fails to
- g~Nf
grand Juries in other places have
refused even to return indictments,
it. establishes. pretty clearly, that foi
practical purposes, the sale of unfer-
mented grape juice is not contrary
to public opinion, said E. L. Weisl
Chicagoj lawyer for Futter and
Hymes. s'''The.. issue was clear. We
did not dispute the governments
facts that this juice was sold and
that some of it fermented and be-
came wine We simply said that
granting those facts, it was not
unlawful under the Volstead act anc
that persons selling such fruit juice
were neither guilty of conspiracy MOI
guilty of individual wrongful acts"
Although making no definite com.
n1itment on future plans, the de.
f2ndantS indicated that they nigh
continue to ship such juice from
California to Chicago and distributl
it. to householders in whose hands
''nature might take its course" ane
make wine of it.
George L. Winkler, deputy prohibi
ton commissioner for Indiana, gav'
voice to the opposite view. ''Thi
verdict does not change the law ont
jot9 or little, . he said "It has NJ
legal effect and SO far as this de
partment is concerned, no practica
effect. We do not know what wen
on in the jury's mind Perhaps the,
dds not even determine whether sucl
distribution was lawful They ma,
have concluded only that there wa
no conspiracy aneng these men.
enforcement will go on as usual
WnkIer added. This is Just on
case. There will be no abatemen
of Four diligence in similar cases
Should the same set of facts arist
again, I certainly will present then
to the United States district attorney
ToN say that this one verdict by
district court will side track win
NOH&SJA1 cbGy pLOoCCACAO41o 10 do 11N1Cu
loIS as to say that we would sto]
arresting boctleggers just because on
man charged with peddling a hal
pint of booze might be acquitted o.
the particular set Of facts in. hi
case" !"
The overt act charged in the con
spiracy Indictment against the quar-
tet was the sale, of a five gallol
keg of unfermented grape juice o
lawful alcoholic content to Miss Heller
Ardery,s stenographer in Winkler'
office. This keg was placed in
room Of normal temperature, it
contents exposed to the air, and fre
quent tests made of its mountin
alcoholic content. After 25 days
Winkler said at the trial, the sample
taken from the keg showed
per cent content of alcohol by volume
Winkler tonight said that t1er
were no cases now pending in thi
federal district in which unrernnente'
grape juice played a part and tha
at this time no Investigations involv
ing similar set Of facts were unde
Way