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1904]
240
from the grape or the produce of the grape—this is their first and principal definition and
description. The British Pharmacopoeia—and I think this is important, because it is common
knowledge to everyone, to the buyers, sellers, and consumers that brandy is largely used as
a medicine—describes brandy as a spirit derived from the grape. Besides the definitions
in books the witnesses called in the case gave their definitions of brandy. These definitions
were "a spirit distilled from the grape or from wine" spirit from the grape"; "spirit
distilled from wine"; "the distilled fermented juice of the gr pe"; "the produce of
grape wine distilled" grape spirit." Mr. Salamon said that brandy must have its origin
from the grape. Mr. Hehner says: "I say brandy is an alcoholic liquid which must be
distilled from wine." The only witnesses in the case who did not generally agree with the
definition of brandy as found in the books were Mr. Pank, of the firm of Brown & Pank,
wine and spirit merchants, in Mark Lane, and Mr. McKechnie, of the firm of Bowen and
McKechnie, wine and spirit merchants, Cross Street, Finsbury. Mr. Pank said: "branay
has never been exclusively a spirit derived from the grape"—he meant during the 40 years
he had been in the trade.. Mr. McKechnie said that "a mixture of Cognac (which is brandy
distilled in a pot still from wine) with spirit derived from anything is brandy." These two
witnesses are, I understand, men of great experience in the trade, and I give their opinions
the most respectful consideration. However, I come to the conclusion, on the evidence before
me, that what the public in this country, what the ordinary purchaser. apart from the trade,
understands by the word " brandy " is, an alcoholic liquor, the spirit of whch is obtained
by the distillation of wine from the grape. Evidence was given that brandy produced by the
distillation of wine is a spirit, the alcohol of which contains particular so-called impurities
in more or less certain proportions—a large proportion of ethers to a small proportion of the
higher alcohols, and that this characteristic makes brandy so produced a more desirable
stimulant for use as medicine to revive life than any spirit produced by any process from any
other material. Dr. Macnaughton-Jones, a medical practitioner of great experience, attributes
the great value of brandy in medical practice to the ethers it contains. If he is right in
this it would seem desirable for the legislature to fix a standard lor brandy, defining what
brandy is and the proportion of ethers it must contain—perhaps 80 parts in 100,000 of alcohol.
A great deal of evidence was given as to how brandy is made, and there is no doubt that
much of that which is sold as brandy in this country is a liquid the spirit of which is a
mixture of the result of the distillation of wine and the result of the distillation of grain or
other material. Some is spirit derived from grain flavoured with a small proportion of
spirit derived from wine. There is also a liquid sold as brandy which is made largely of
spirit obtained from bad wine, so highly rectified to take its bad flavours from it, that it has
become a silent spirit, with none of the so-called "impurities," which are amongst the most
valuable properties of spirit distilled from wine. This silent spirit, having its
origin in the grape, has no more of the qualities of brandy than has a spirit distilled from
grain and rectified until it has become silent. Yet it has been urged in this case that such
silent spirit when flavoured with spirit distilled from wine is properly brandy because it
has its origin in the grape. I cannot accept that view. I do not think that, after a spirit
obtained by the distillation of wine has been so highly rectified as to have lost the properties
peculiar to spirit so obtained, it is still spirit obtained by the distillation of
wine so as to fulfil the definition of brandy. However, in this case it is not necessary for
me to rule as to whether highly rectified grape spirit flavoured with grape spirit is brandy
or not. It is enough for the purposes of this case for me to hold that brandy is an alcoholic
liquid, the spirit of which is obtained by the distillation of wine from the grape. Now,
having determined my standard and having decided what brandy is, I have to find whether
this bottle of liquid sold by the defendant was a bottle of brandy. This is what Mr. Avory,
in his speech opening the defendant's case, said was the whole question. He said "the