The Rutland Daily Globe

LAGER BEER TRIAL
The First Decision for the State.

On Saturday before justice Porter, state vs James Murphy, was called by the grand juror, for that said Murphy did keep intoxicating liquor with intent to sell the same, alleging a second offense. P. R. Kendall appeared for the respondent, and demanded a trial by jury. The following jurors were then summoned and sworn: A. C. Bates, Benjamin Billings, N. P. Hardy, J. M. Hall, D. L. Morgan, and Charles B. Frost.

Grand Juror Redington offered in evidence the testimony of the officer regarding the seizure of the liquor at the saloon of James Murphy and the service upon him of the warrant of seizure and summons to appear forthwith and defend the same, etc. Next was placed in evidence the record of condemnation and forfeiture of the liquor to the town of Rutland, the owner having failed to appear.

The state then rested, and the defense first offered a petition to the county court and order from judge Edgerton stopping all proceedings in the case, till September, on the ground that the judgment of condemnation was unjustly obtained against Mr. Murphy, objected to by the grand juror as there had been no defendant or judgment against him Murphy but simply a condemnation of the liquor. Ruled out.

Next the defense introduced Dr. Pond to prove that lager beer was not intoxicating. Objected to by Mr. Redington on the ground that the justice judgment of condemnation of the lager beer as intoxicating was a bar to any proof that it was not, and that the defense should have put in that plea at the examination of the liquor after seizure. Ruled out. And after an agreement by the counsel on both sides the case was given to the jury who returned a verdict of guilty, and James Murphy was fined $20 and costs, including a second offense; he took an appeal to the county court.

Next, State vs Charles Plummer was called and adjourned till Tuesday, and then state vs I. Whitcomb for keeping with intent, and adjourned till Tuesday, at 9 a.m.