Three Packages of Distilled Spirits v. United States ex rel. Westhus

Citations

• 129 F. 329
• 1904 U.S. App. LEXIS 4049

Syllabus

<p>1. Internal Revenue — Liquor Packages — Changing Contents after Stamping — Forfeitures—Evidence.</p> <p>Where, on an information to forfeit certain liquors on the ground that distilled, spirits of a different quality had been put into the barrels after they were originally stamped and branded, in violation of Rev. St. § 3455 [U. S. Comp. St 1901, p. 2279], it was conceded that the claimant was entitled to reduce the proof by the addition of water, and the uncontradicted evidence showed that the spirits contained in the packages had been reduced in proof between 12 and 14 degrees, after they had been gauged and stamped, by the addition of water, in conformity with the law and in the presence of a government gauger, the discrepancy in the percentage of the alcohol contained in the liquor was insufficient to form a basis for an inference that the change was occasioned by the addition of “other spirits of a different quality.”</p> <p>2. Same — Issues—Proof.</p> <p>Where an information for the forfeiture of certain packages of liquors alleged that, after the barrels had been inspected, gauged, and stamped, something else than the contents which were therein when said barrels and packages were so lawfully stamped, branded, and marked, to wit, distilled spirits of a different quality, had been placed therein, in violation of Rev. St. § 3455 [U. S. Comp. St. 1901, p. 2279], evidence that at the time the proof of the liquors was reduced by the addition of water, after the packages had been stamped, some caramel coloring matter had been put into the packages to deepen the color, was not within the information, and therefore inadmissible.</p>