United States v. Morabette, 7545.
| Decision Date | 16 June 1941 |
| Docket Number | No. 7545.,7545. |
| Citation | 119 F.2d 986 |
| Parties | UNITED STATES v. MORABETTE et al. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Chas. W. Schaub, Anton S. Mikula, and Antonia Rago, all of Chicago, Ill., for appellants.
J. Albert Woll, U. S. Attorney, and Martin S. Gerber, Asst. U. S. Atty., both of Chicago, Ill., for appellee.
Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.
Defendants were convicted upon an indictment charging violation of certain sections of the Internal Revenue Code relating to the operation of illicit distilleries. They now contend that the evidence was insufficient to support the verdict and that the court committed prejudicial error in conduct of the trial.
There was evidence of the following: A treasury investigator arranged with one Sarno for the purchase and delivery of ten cans of alcohol. Sarno drove the officer's automobile, with another investigator concealed in the trunk compartment, to 448 North Racine avenue, Chicago, entered the dwelling house and then returned to the car accompanied by defendant Anthony Morabette. The two then proceeded in the automobile to the garage at the rear of the premises and there loaded the alcohol in the car. Following this, execution of a search warrant disclosed in the garage an illicit distillery and some 3700 gallons of mash in vats. The lot was owned by the mother of Anthony Morabette and Jerry Morabette, who with their brother-in-law, Barrile, lived there with her. The officers serving the warrant found all these persons in the house. They discovered naphthalene flakes in the dwelling, similar to those in the garage and one part of a broken broom in the house and one in the garage, the two fitting. The gas line which furnished fuel for the still ran from the house to the garage. The mother claimed that she had leased the garage to the ubiquitous stranger.
Upon execution of another search warrant at 1648 West Bloomingdale avenue, a similar still was found in operation in the basement of the garage, with 2000 gallons of mash and illicit alcohol in cans. At the time of service of this warrant Anthony Morabette was on the premises and was arrested as he was leaving the house by the front door. He said at that time that he had been arrested shortly previously and asked to be released. One Della Clark lived for a time in the house at 1648 West Bloomingdale avenue, the bungalow having been called to her attention by Anthony Morabette, with whom she was friendly. He took her to his brother Jerry, who leased the house to her. Betty Guertin lived with her. These women saw both Anthony and Jerry Morabette on the premises from time to time. Anthony Morabette purchased the oil burner used in this distillery and ordered fuel oil, using a fictitious name. The water pipes and electric light connections ran from the house to the basement of the garage. The property had been purchased by Jerry Morabette and he worked on the garage. Della Clark informed Anthony Morabette that the postman had asked if she were "bootlegging there." She testified that Morabette then replied, "mind your own business and shut up, if you want to stay healthy." The women observed cans about the premises and Anthony said to them that sugar was being stored there. Della Clark told him that she was going to move, as she did not want to "get into anything." He advised her there was "nothing to worry about," and that they were simply going "to store something" in the garage.
This evidence was uncontroverted, except that Barrile testified that he had no connection with either still; that he never worked upon or at either garage; that he was regularly otherwise employed. As to him there is no evidence of participation in the illegal operation of the stills. His motion to direct a verdict should have been allowed.
As to the two Morabettes, the evidence, including many circumstances which we find it unnecessary to repeat, presented a question of fact for the jury. The purchase of alcohol at one of the two places; the ownership of the properties; the leasing of one at the suggestion of Tony Morabette; the residence of both upon the other premises, belonging to their mother; their working in and about one garage; the gas lines, water pipes and electric lines running...
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