New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-22
4 REMINDER OF THE GRAPE SCARE.
ONE SEIZURE CAUSES LAW SUIT, AND AN IN
sPFCTOR Is SCORED BY JUDGE.

sPECTOR Is SCORED BY JUDGE
There was reminder Of the scare about polsone"
grapes in the First District Court yesterday |"ai'
McCgoean bought fifty four baskets OF Concord grapes
from william J. Davenport Two days AFTER lie Dough.
them they were seized by an inspector OF the boaiu
Of Health McClogan sued Davenport ana OIL eie
trial absolute evidence was introduced showing mS1
no kind of poison had ever boon put on the grapes
or vines where the fruit grown Judge Mtehen
handed down his opinion yesterday In faVor Oh eno
defendant and says that the plaintin must loon !"
the Board of Health for his Indemnity he also taho'
occasion to score the inspector who seized the grapes
In his opinion Judge Mitchell says;
AT the trial the plaintiff called as witness ts .
Inspector who testified ~ the appearances VI .no
grapes at the time Of the seizure, ana said Una. fh
grapes and green spots on the stems, WhIc1 III III
dcated the presence OF coppeIas; nv De atnD thai
aid that these grapes we're hot MT to be eaten &
ihey would probably cause person to DC III VIM
are Them and based his knowledge Of their unhealthy
condition upon u chemical analysis that he hau seSn
made OF grapes which looked similar to these. oy
the chemist Of the Board of Heath Inc 9 an
rhemicai ANALYSIS made Of these grapes, which he
had caused to be put into what he edIod uio o""i
where refuse matter is dumped. ,u,,,t dooracs tesu
fed that the grapes question were fresh and 10 an
appearance perfect They denied st there eb @e.S S
and proiuccd and called witness the grower Oh to
grapes who testified that ne raised the grapes IN IuGs
flor ont of 4 patch containing about -FOUR acres IN
Duchess County that he never used OF Causeu 10 U9
used or permitted any person to use on his gIapeIy
any spay OF any kind whatsoever, on the vines OF
stems or on the grapes themselves that the grapes
we're god free from Impurities Of any dCscHptoh ana
we're hrst class Concord grapes.
This testimony stands uncontrolled, ana ~ ID my
dutv To give IL full crcdence. After caretuly con
sidcring ali the testimony in the ease, am led to the
conclusion that the fruit inspector Of the board OF
Health acted I'm hasty and unwarrantable manner,
that he had no right 10 seize and destroy ue BdpVS
i'm question for the reason that he had no evidence 10
warrant the conclusion at which he arrived that there
was coppera, or other poisonous substance on tne
cranes or stems In order to justify such seizure
the injector should have had a chemist OF tue bQaLa
of Health make chemical test or analysis OF WhaI ne
ha stiIy Imagined was COpperas on the grapes NVt
havinr done So the seizure Of the grapes was arbl-
tIr,ry urwarranted and Illegal. and Migrant VolS
lion OF the constitutional provision that no person sia
he dcpril cd OF life, liberty property without Que
process of law. . -, ,.o -. .toso
IL cannot be considered that the seizure o. these
cranes was according 10 due process or law, Tor surely
n cannot be claimed hat this fruit Inspector possessed
.ullciept knowledge Of chemistry to seize ana destroy
the plaintiffs property which instead of being an nh
bcalihfu lot OF grapes. was shown to be sOuhO anu
free from dclcteriOuS substances. . .,..
In conclusion, the evidence warrants me IN giving
Judgment for the defendants, the wholesale fruit Ge
crS and the plaintiff herein must seek his rc!heoy
against the Board Of Health