P. & D. No. 3640.
I   S. No. 18713-d.	
Issued October 26, 1912.
United States Department of Agriculture,
OFFICE OF THE SECRETARY.
NOTICE OF JUDGMENT NO. 1754.
(Given pursuant to section i of the Food and Drugs Act.)
ADULTERATION OF WINES AND LIQUORS.
At the stated term of the District Court of the United States for?
the Southern District of New York, begun and held within and for?
the district aforesaid, on the first Tues*day of April, 1912, the grand?
jurors of the United States for said district on their oath presented?
that Alberto Milanesi, Frank Gifard, and Carlo Girardi, alias Chailes?
Girardi, alias Carmine Girardi, and divers other persons to the?
grand jurors unknown, on August 1,1911, unlawfully and feloniously?
conspired to commit an offense against the United States by a viola??
tion of the Food and Drugs Act of Congress, approved June 30,1906,?
that is to say, in and by engaging in the business conducted in and?
under the name of the Lucca Produce Wine Co.; and in and by un??
lawfully inducing and assisting in the introduction into the various?
States of the United States from the State of New York, articles of?
food adulterated within the meaning of said Act, and in and by?
shipping and delivering and assisting in the shipment and delivery,?
and procuring such shipment and delivery from the State of New?
York to the States of New Jersey, Connecticut, and other States, such?
articles of adulterated foods. Adulteration of the products was?
alleged in the indictment for the reason that a substance had been?
mixed and packed with them so as to reduce, lower, and injuriously?
affect their quality and strength, and in that a substance had been?
substituted in part for the products, and in that they contained an?
added poisonous and deleterious ingredient which might render them?
injurious to health, and which said substance had been mixed and?
packed as aforesaid, and which had been substituted in part for the?
products, and which poisonous and deleterious ingredient was wood?
alcohol.   The indictment further charged that to effect the object of
K8fi24??No   1754?19
the said conspiracy, on April 19, 1912, the said Alberto Milanesi?
introduced into the State ol New Jersey from the State of New?
York certain wines and liquors which were adulterated in the man??
ner set forth above. The product was labeled: (On bottle) "Gran?
Liquore Delia Stella Elixir Tonico Stomatico, Marca Di Fabrica L.?
P. W. C. O."
Analysis of a sample of the product by the Bureau of Chemistry?
of this Department showed the following results: Methyl alcohol,?
20.46 per cent by volume; ethyl alcohol, 8.08 per cent by volume; the?
sample was colored with a coal tar dye (Acid Yellow G). This case?
was reported for prosecution as a violation of the Food and Drugs?
Act but the indictment was found under section 37 of the Criminal?
Code.
On May 6, 1912, the defendant Milanesi entered a plea of guilty,?
and having spent two months in jail awaiting trial, was upon plead??
ing guilty sentenced to serve a term of seven months in the New York?
County penitentiary. Upon a plea of guilty, the defendant Carlo?
Girardi had sentence suspended, and owing to lack of evidence the?
indictment as to the defendant Frank Girard was nolled.
W. M. HAYS,?
Acting Secretary of Ag?iculture.
WASHINGTON, D. C., August 15,1912.
1754