The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-05-29
HOOPER NOT GUILTY.
The Drug Clerk Gets a Verdict
of Acquittal.
THE EVIDENCE INSUFFICIENT.
4 Child Habeas Corpused-suit Against
Electric Railways Pending-Laz-
arus KIine's viii.

Joseph o. Hooper, the drug clerk who IL al
legged to have sold morphine for sulfonal 70
Robert 8. Coe, on April IL, was on trial yester-
day in Judge Humes' court for selling poison
without registering the name OF the purchaser.
Hooper was tried several weeks ago for selling
poison without putting label on the package,
but escaped on . legal technicality. Both cases
grew out OF the supposed sale of twenty grains
OF sulphate of morphine, which Wallace Kerr
took for sulfonaI with fatal effects.
Robert s. coe, who was Kerr's roommate, tes-
tilted 70 buying the drug of Hooper, calling for
twenty grains of sulfonal. He took the powder
home and, with the addition OF some sugar,
gave the dose to Kerr. Next morning be found
the spoon enerusted with sugar and crystals OF
another whitish substance. DR.. Miller took
this for analysis.
Mrs. George Deniker, at whose house Coe and
Kerr lodged, corroborated some OF the minor
points of Goes testimony. BY agreement OF
counsel. the testimony OF DR.. Z. B. NJ. Miller IN
the former case against Hooper was read by the
stenographer who took II down on that occasion.
It was 10 the effect that he had been called In to
treat Kerr for what had the appearance OF being
morphine poisoning. He had caused the con-
tents of the spoon 70 be analysed, and 1t had
shown traces OF morphine.
The defense introduced as its first witness
james Lee. druggist, and as bis examination
progressed some unexpected aud interesting
evidence was brought out. After being exam
ined as to his qualifications druggist, L. +.
Drew, who was conducting Hooper's case, intro
duced the scales that were used in Thornpsons
drug store, where Hooper worked, and tea
spoon, identified by Mrs. Deniker as similar 70
the one with which the fatal dose was admin
istered. bottle OF suiphate OF morphine and
box of suifonal were then brought out, and in
the presence of the court and jury Lee was
directed to weigh out twenty grains OF
fail nd -
the interested gaze OF every one In
the courtroom The result showed twenty
grains of sulphate OF morphine to be about
twice the bulk OF the same weight of sulfonel.
The druggist was then directed by Mr.. Drew TO
put the morphine in the teaspoon, but found
there was too much of it to do 50, while the
spoon would hold the sulfonal.
Thomas Lindsay, real estate man, testified
TO having known Hooper in Aurora, Ind, for
years, and that his reputation was excellent
He had acted a. the agent in the sale of the
drug store 10 Thompson, its proprietor, and
Hooper had no interest in 1t except as clerk.
The state attempted to introduce Coe in rebuff
tai TO show that Hooper had confessed having
put up morphine but was not allowed TO do so,
OF the ground that the evidence would be new
ma ter. The case was argued on behalf of the
state by Deputy prosecuting Attorney William
Caldwell, and for the defense by James NJ. Ep-
Ter and Thomas r. Drew. The defense set up
that section 936 Of the statutes requires "drug-
gist'' TO register ell sales of poison; that the
definition by Webster of druggist is "one whose
occupation is merely to buy and sell drugs,
without compromising or PREPARATION and that
Hooper was only a clerk in the employ OF man
who was not druggist, but an apothecary, or
compounder OF drugs. 1t was argued further
that the dose administered by Coe to Kerr could
not have been morphine, as twenty grains OF
morphine could not be put in teaspoon.
After q brief but concise charge by Judge
Humes the jury retired. They were out abou,
three-quarters of an hour and returned with q
verdict of not euilty