(21 New England Reports, 228 [Massachusetts, 1893])
[On a complaint for keeping open a tobacconist's shop on Sunday,
contrary to the law of Massachusetts, it was held that the court
will take judicial notice that tobacco and cigars are not drugs and
medicines, and will exclude the testimony of a witness who offers
evidence that they are.]
Against the statutes of the Old Bay State
Marzynski on a Sunday stood behind
His counter, well content his gain to find
In pipes not pills, cigars not carbonate.
From breakfast till 'twas dusk at half-past eight
Tobacco cheered this hardened sinner's mind,
The price of it his pockets, disinclined
To add their dime to the collection plate.
The State Attorney claimed the penalty;
"Cigars are no cigars," said the defence,
"But drugs, and we have witnesses to prove it."
"Cigars to be cigars judicially
We notice, and reject the evidence."
So said the Court, and spat, and nought could move it.