Bond

The plaintiff in error as defendant below was convicted upon an information which charged him with the possession of intoxicating liquor and maintaining a common nuisance. He was conducting a store known as the East Side Supply House, his visible stock in trade consisting of barrels, kegs, bottles, and malt. A prohibition officer called upon him at his place of business, and saw on his table in a small office partitioned off from the sales room a pint bottle of moonshine whisky, from which the defendant gave the officer a drink. The officer walked into the adjacent room, and while there, talking to an assist *666 ant of the defendant, a man came into the office where the defendant was, and the latter signaled to his. assistant by whistling and raising his hand in the air, whereupon the assistant went to the basement and returned, concealing under his coat two quart bottles wrapped in the peculiar kind of tissue paper, which was found on the bottles of Johnny Walker whisky subsequently seized, and delivered them either to the defendant or to the visitor, and the latter left by the front door. Later the defendant answered a telephone call and was heard to say: “All right. Three —…