The opinion of the court was delivered by: WALKER
1. On and prior to May 21, 1940, Stephen E. Hall was the owner in fee simple of a 92 acre farm
located on the northerly side of a public road leading from New Bedford to Allaire, Wall Township, Monmouth County, New Jersey, together with the buildings thereon, consisting of a dwelling house, dairy barn, barn, machine shed, two silos, pump and milk house, etc. A private lane from 1200 to 1300 feet in length leads from the highway to the barnyard and buildings and crosses a small brook about one-half way from the main entrance. This lane is fenced and along it is a line of poles with wires for the transmission of electric current for the premises. Arriving in the barnyard, the residence is to the east or right and separated from the other buildings by a fence and the yard thereof must be entered through a gate.
2. On the south side of the public road leading from New Bedford to Allaire, Wall Township, Monmouth County, New Jersey, and about 400 feet westward from the entrance to the farm described in paragraph 1, were two bungalows owned by Mr. Hall and he resided in the most easterly one. The bungalow occupied by Mr. Hall was approximately 1,300 to 1,400 feet south of the shed attached to the horse barn and in which shed the still was located.
3. On or about April 6, 1940, a party by the name of Marsallo rented the horse barn and the shed attached thereto for $20 a month. He was in possession on May 21, 1940.
4. From May 18, 1940, to May 21, 1940, agents of the District Supervisor of the Alcohol Tax Unit, Bureau of Internal Revenue had the farm and more particularly the horse barn and the shed attached thereto under observation.
5. On May 19, 1940, the agents were on property adjoining the farm and they saw men about the farm and more particularly in the vicinity of the shed where the still was subsequently found, and through an open door leading into the said shed, they saw a portion of a still and some part of the vats and they smelled fermenting mash. On May 21, 1940, the agents were on property adjoining the Eliott Hall Farm and they saw a man standing in the doorway which led into the shed where the still was subsequently found and beyond him they could see something resembling a fermenter,
and they smelled the odor of hot fermenting mash.
6. On May 21, 1940, the said agents entered upon the farm and they entered the shed attached to the horse barn, where they found a distillery in operation, and they seized among other things, a 24 inch copper column, a 300 gallon still, a 75 horse-power steam boiler, a steam pump, 7 mash vats some 15 feet in diameter, appoximately 30,000 gallons of mash and 180 gallons of finished alcohol.
7. An electric line supplied power to the electric motors used in connection with the still and to the lights in the vicinity of said still. It ran from said electric motors and lights out of the shed to the dairy barn and from there to the residence. An electric alarm system was also found, the bell was in the shed attached to the horse barn and the string for sounding the alarm was in the barn.
8. There was a pipe line for water running diagonally from a part of the still across the lane to a brook about 750 feet away.
9. On May 21, 1940, the business of a distiller was being engaged in on the premises in question.
10. The seizure of the property was made without a search warrant.
11. Stephen E. Hall knowingly suffered or permitted the business of a distillery to be carried on upon his property.
12. On May 27, 1940, the government filed a libel in rem against the entire premises and on May 28, 1940, a monition returnable on June 21, 1940, was issued and all the property mentioned in the ...