Commonwealth v. Powers

On the trial of an indictment for the keeping of a tenement for the illegal keeping and sale of intoxicating liquor, there was evidence of a seizure of a keg of whiskey on the premises on September 13,1873. A witness for the defendant testified that the keg was his, and that he bought it on June 28, 1873. The government then put in oral evidence that the keg seized had on it a United States revenue stamp dated August 17, 1873. Held, that the defendant had no ground of exception to the admission of this evidence.

Complaint on the Gen. Sts. c. 87, § 6, charging the defendant with keeping and maintaining a tenement used for the illegal sale and illegal keeping of intoxicating liquors on August 1,1873, and on divers other days until September 17 next following. At the trial in the Superior Court, before Bacon, J., it was shown that a ten-gallon keg, containing about two gallons of whiskey, was found in the attic of the building on the lower floor of which it was contended that the offence was committed. The keg was seized on a search warrant on September 13. One Riley testified that he occupied the whole of the building above the first floor, and that the keg and whiskey belonged to him; that he bought it in Boston on June 28, 1873, for his private use; and he produced a bill which he testified was a bill of that whiskey, bearing that date, purporting that he had bought it of a dealer in Boston. The government contended that it was not that whiskey that was seized, but other whiskey, and offered the testimony of the two officers who seized the keg, who, against the defendant’s objections, were allowed to testify that there was a United States revenue stamp on the keg, and that there was upon the stamp the figures “ 187 ” in print, followed by the figure “ 3 ” in writing, and in writing, preceding “ 187,” the letters and figures “ August 17,” making “August 17, 1873.” The defendant was found guilty, and alleged exceptions to the admission of this evidence.