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Against DefendantLN THE Magistrate’s Courtvthis morning, Mr. F. J. Morris, fC. C., J. P.handed down judgement in the case of Martin Myers, Police Constable, vs. Mary Sphire, for selling.., a beverage containing more than 2 per cent, alcohol. The defendant was found guilty and fined in the sum of $100 with the alternative of a month’s imprisonment. The judgement follows:This is a proceeding taken against the Defendant, Mary Sphire, a shopkeeper of New Gower Street, who is charged with a violation of Section 4of the Act .6 Geo. V., Cap 9 (Intoxicating liquors Pr\ibition Act), for selling to one, Patrick Grey a preparation known as “Beef, Iron and Wine”containing over two per cent, alcoholin volume. The Defendant pleaded not guilty. 1 , ^ j ; ' : -jThis preparation seems to have established for itself a certain reputation, since the passing of the Prohibition Act. J j' : - . ■ •The principal facts elicited at thetrial by Mr. C. E. Hunt, B. L. who appeared on behalf of the prosecution, were as follows:®' . fOn Sunday, the 22nd of April last, Patrick Grey, having heard of the merits of Beef, Iron and Wine extolled amongst his friends at the Union Hall, proceeded to the shop of the Defendant, Mary Sphire, and purchased three flasks, each containing about half apint of Beef, Iron and Wine. He drankthe contents of the two flasks and became stunned and intoxicated, and was subsequently arrested by ConstableMyers, who found him on New GowerStreet, falling about the street and under the influence of liquor. When brought to the lock-up, the Constablefound a flask in Grey’s pocket. The contents of the flask were submitted by the Police authorities to the Government Analyst, who reported to the Court the following:“One flask of Beef, Iron and Wine%found on Patrick Grey, bought atMary Sphire’s shop, 12 New Gower Street, on the 22nd day of April, 1917, contained Intoxicating drink.Alcohol—16.2 per cent, by vol-W. ■ 'J’.. i feki; J - i-\(sgd.) D. J. Davies, B. Sq., F.C.S.H. W. LeMessurier, C.M.G., DeputyMinister of Cijstoms, deposed to the fact that the imported article known as“Beef, Iron and Wine” is certified under the heading of “Alcoholic preparation for medicinal purposes.”Albert E. Parkins, Chemist, a witnesson behalf of the defence, who manufactured the compound, which was sold by the Defendant to Grey, stated the preparation contained not less than 16 per cent, absolute alcohol, and may run into twenty per cent. He imported the medical wine, identical inthan lighter wines.Mr. Gibbs, K. C., Counsel for theDefendant, in an exhaustive address, during which he quoted from several authorities, asked for the dismissal ol the complaint. He defined the term “Spirituous” as meaning distilled, distinguished from fermented and ardent as applied to a liquor for, drinking.Liquor” is defined as an alcoholic or spirituous liquid either distilled or fermented. Liquor was distilled, ales, %vines and beers were fermented. He contended that Beef, Iron and Wine was not an ale, it was not a wine, it was not a malt, it was not brewed, it was not spirituous because it was not distilled. He submitted that it did not come within the provision of the Act, and the case against the Defendant should therefore be dismissed.Mr. Dunfield, B. L., who appeared with Mr. Hunt, summed up for the Prosecution, and after reviewing the evidence, and certain sections of the Act, contended that a clear violation of the law had been proven against the Defendant, and should be convicted.Section 4 of the “Intoxicating Liq— ors Prohibition Act” is as follow’s:“If anyone not. liscensed in accordance with the provisions of thesaid “Prohibition Plebiscite Actsells, after the First day of January,’ 1917, any intoxicating liquors, he shall be liable to a penalty of not less than One hundred Dollars, or, in default of payment, imprisonment not exceeding three months.”The definition of “Intoxicating Liq-ors” is found in Section 7 of the Act under consideration.The term “Intoxicating Liquors” shall be construed to signify all ales, wines, malt brewed or spirituous liq-uors containing two per cent, or upwards in volume, except such drugs and medicines as may be excepted by the Governor in Council, and wines for Sacramental purposes.The compound sold by the Defendant as Beef, Iron and Wine has not been excepted by the Governor in Council, and therefore is not exempt as a drug or a medicine. The Defendant is not liscensed under the Act to sell intoxicating liquors. The compound sold by her to Patrick Grey contained over 16 per cent, of alcohol by volume.I hold that under the evidence, the Defendant must be convicted of abreach of Section 4 of the “Intoxicating Liquors Plebiscite Act” and I there? fore convict hejr accordingly, and impose the minimum fine of One hundred Dollars or in default, one month’s imprisonment. ’The judgement is datfid at St. John’s,June 22,’ 19.17.^ ; V ? ■ . -Messrs Hunt and Dunfield appeared for-the Prosecution and Mf. Gibbs K.C. for the Defendant.
Newspaper Details
St Johns Daily Star GS
St Johns, Newfoundland, CA
Fri, Jun 22, 1917
Page 2
Full Page
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PA, USA 24 Mar 2020
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