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1905]
250
patent still spirit, whether made from maize or malt, has been known among the public as
"whiskey" though in the trade such spirit has been variously known as " grain spirit,"
"grain whiskey" and "grains." Of Wells' sample 90 per cent, was invoiced as " Patent Still
spirit" by the makers to the blenders, who sold it to Wells as " Scotch Whiskey," after
mixing it with a very little pot-still spirit.
Though 1 find that the patent still spirit alone is not "whiskey" there is evidence before
me that when mixed with a considerable proportion of pot still spirit or whiskey, derived
from malted barley, such mixture has long been sold to and accepted by the public in immense
and increasing quantities as "whiskey "; indeed, many of the most largely advertised and
popular makes of potable spirits are of this character, and contain, 1 have reason to believe,
a very considerable proportion of pot still whiskey. Whether 1 should hold such mixture
to be " whiskey " or not I am not called upon to say and I express no opinion to that.
The descriptions "Irish" and "Scotch" as applied to whiskey are commonly understood,
I think, to indicate something more than the place of origin of the whiskey. The
words "Irish and "Scotch" are used to mean a particular kind of whiskey made in a
particular way from particular material in a particular place. The term " Irish whiskey "
is used to denote whiskey made by Irish methods, from materials used in such methods in
Ireland and the term "Scotch whiskey" to denote whiskey made by Scotch methods, from
material used in such methods in Scotland. Irish whiskey and Scotch whiskey are quite
as much definite articles as are Bourbon whiskey or Canadian whiskey.
In both Ireland and Scotland from earliest times the national alcoholic beverage "usquebaugh,"
now whiskey, has been distilled by pot stills. It certainly was so made when it
was first known as " Irish whiskey" and Scotch whiskey," and I must hold that to be " Irish
whiskey" ana "Scotch whiskey" now the spirit must be obtained in the same methods by
the aid of the form of still known as the pot still. The produce of the patent still, unmixed
with pot still whiskey, cannot be Irish or Scotch whiskey, although made in Ireland
or Scotland; the patent still is not used to obtain spirit by the method
known as Irish and Scotch. As to the material to be used to produce
Irish or Scotch whiskey, it must be such as has been always used in the Irish and Scotch
form of still commonly. This, I find from the evidence I have heard, is in Irish whiskey
barley, malt as to about 75 per cent, and, as to the rest of the mash, barley, wheat, oats and
rye, or any of them; and in Scotch whiskey it is wholly barley malt. There is a distinct
difference in the material used to produce Irish whiskey and Scotch whiskey in the pot still,
but the material used to produce spirit in the patent still is the same whether to be produced
in Ireland or in Scotland. Maize has never been commonly used in pot still distillation,
indeed, it was sworn to in the course of the hearing of these cases that maize is used in the
pot still in only three distilleries at all, two of which certainly are owned by owners of
patent stills, and I do not find that the spirit distilled from maize in these three pot stills
is taken alone by the public as Irish or Scotch whiskey. I find that maize, not having been
commonly used in the pot still, or Irish or Scotch method of making whiskey, cannot be
material from which Irish or Scotch whiskey is derived.
Between the flavour and smell of Irish whiskey and of Scotch whiskey, there is distinct
difference The flavour and smell of Irish whiskey is generally attributed to the rye used
in its manufacture and the flavour and smell of Scotch whiskey—of old-fashioned character—