Page:Federal Reporter, 1st Series, Volume 8.djvu/47

PEPPEB V. LABEOT. 33 �of the complainant, became famous because of the Bupeiior quality of the whisky there produoed, 'which waa attributed, by dealers in whisky, to the peculiar character and properties of the water tised in the process of distillation ; that in 187e the complainant, in company •with one E. J. Taylor, Jr., with whom he was associated in busi- ness, operated said distillery, and formally named it the "Old Oscar Pepper Distillery," and procured a large namber of iron signs to be made and distributed throughout the country, containing a correct drawing bf the distillery and warehouse building, and an aecurate view of the old Oscar Pepper homestead or dwelling, which drawing and view they surrounded with the words, in a circular form, above the same, "Old Oscar Pepper Distillery," and below, in a straight line, "Woodford Co., Kentucky," and thus, as is claimed, fixed and determined the name of said distillery. They also procured an iron brand to be made, and with it burnt into the head of each barrel of whisky, manufactured in said distillery, the words — �Old Oscar Pepper Distillery. �Hand-made Sour Mash. �James E. Pepper, �Proprietor, �Woodford County, Ky., �— for the purpose, as is alleged, of identifying it as the product of the Old Oscar Pepper Distillery. It is also alleged that the complainant advertised his business in a circular, as follows : �" Having put in the most thorough running order the old distillery premises of my father, the late Oscar Pepper, (now owned by m!e,) I offer to the flrst- class trade of this country a hand-made, eour-mash, pure feopper whisky of perfect excellence. The celebrity attained by the whisky made by my father was ascribable to the excellent water used, (a very superior spring,) and the grain grown on the farm adjoining by himself, and to the process observed by James Crow, after his death by William P. Mitchell, his distillers. I am now running the distillery with the same distiller, the same water, the same for- mulas, and grain grown upon the same farm." �He also circulated a similar certificate from his distiller, Mitchell, who said: �" I am employed by James E. Pepper as distiller, and the whisky I now make is from the same formula as the celebrated Crow whisky manufactured by James Crow and myself for his father, (the late Oscar Pepper,) at the same place, and is of the same excellence, being identic^l in quality. I use the same water, the same giain, the same still." �It is also alleged that the complainant, in Maich, 1877, was de- Vk8,no.l— 3 ��� �