Jasper County Democrat, Volume 12, Number 28, Rensselaer, Jasper County, 17 July 1909 — DEALERS IN ‘DRU’ BEER TO APPEAL [ARTICLE]

DEALERS IN ‘DRU’ BEER TO APPEAL

Harion Nan Is Found Guilty of Excise Offense. TIGER CHARGE DISMISSED Court Holds That Whild Beverage Contains Only .28 of 1 Per Cent of Alcohol the Fact That It Is Malted Puts It Beyond the Pale of the Law and Within the Statute Defining Intoxicating Liquors. Marion, Ind., July 16. Special Judge Foster Davis, in deciding the "dry beer” case, in which John A. Sullivan was charged with selling liquor without a license, held that the “dry beer” was intoxicating, and that the defendant was guilty. He assessed a fine of SSO and costs, and Sullivan's attorney gave notice of an appeal to the circuit court. The “blind tiger” charge against Sullivan was dismissed. While the evidence showed that the "dry beer” contained only .28 of 1 per cent alcohol, it was held that it was malted, and, therefore, came within the statute defining intoxicating liquors. The several dealers handling “dry beer” were present In the courtroom when Judge Davis gave his decision, and expressed a determination to back Sullivan in his appeal to the higher court.