United States v. Brown

• Decision Date: 13 March 1929
• Docket Number: No. 554.,554.
• Citation: 31 F.2d 307
• Parties: UNITED STATES v. BROWN et al.
• Court: U.S. District Court — Southern District of Florida

31 F.2d 307 (1929)

UNITED STATES v. BROWN et al.

No. 554.

District Court, S. D. Florida.

March 13, 1929.

William M. Gober, U. S. Atty., of Tampa, Fla., and William A. Paisley, Asst. U. S. Atty., of Jacksonville, Fla.

Julian L. Hazard and Roger Watkins, both of Tampa, Fla., for defendants.

JONES, District Judge.

This is a bill in equity, filed by the United States to abate a nuisance, as described in the National Prohibition Act, alleged to exist at certain described premises in the city of Tampa, Fla., known as 1302 Franklin street.

The bill is in the usual form, alleging the premises are equipped with a bar and barroom accessories; that intoxicating liquors are kept, sold, and bartered; and that said premises, and all intoxicating liquor and property kept and used in maintaining the same, constitute and are a common nuisance, as defined by section 21 of title 2 of the National Prohibition Act (27 USCA § 33). It prays for a temporary restraining order, for an order to abate the said nuisance, and to prohibit the use or occupancy of said premises for one year.

The testimony has been taken, and this case was heard on final hearing at the same time as the case of United States v. Diego et al., 31 F.(2d) 305, opinion in which case was filed this day; reference being hereby made to said opinion for the law governing this case.

The testimony in this case, given on behalf of the government, shows these premises are equipped with a bar and other bar accessories, the premises being to that extent just as they were before the National Prohibition Act (27 USCA) came into effect, when said premises were used as a barroom. The testimony further shows that on June 6, 1928, a prohibition officer entered the premises and ordered a drink of whisky from the bartender. He was served a drink from a pitcher, and after the drink was served he seized the pitcher from the bartender, named Cohen, and arrested him. The prohibition officer on this occasion was assisting in serving a federal search warrant. This same witness again visited this place on September 18, 1928, with another search warrant. He testified that as he stepped into the place he heard a crash back of the bar, "and when we got there we smelled the odor of liquor." The search was continued, and two bottles of intoxicating beer were found. Some time about November 1, 1928, two "under cover" police officers visited the place twice, and on each occasion purchased intoxicating liquor over the bar from the defendant Wolfe. On one occasion the liquor (one-half pint) was taken from the...