Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-04-20
'OLEOMARGARINE DEALERS
Another Case Called in the Criminal
Court.
Evidence Obtained by the Internal
Remarks About the Jury Lists.

the oleomargarine laws, vas placed on trial
before Judge Cole. in Criminal Court No. /,
this morning. Lusby is the fourth Of the
recently indicted parties to be placed on
trial. VIM. l.. Matthews, the first one tried
was acquitted Wilkes c. Prather was con-
victed, and in the case of James T. Child
ress. tried last week, the jury was dis
charged Saturday. being unable to agree
They stood, it is said, nine to three for
conviction.
District Attorney Birney gave notice Sat-
urday that he would place Chldress on
trial again this morning, but upon the mo-
ton of thu mans counsel, Messrs. Jere M
Wilson ard Henry E. Davis. Judge Cole
certified the case to Criminal Court No. 2
Tor trial. That court 1t is understood will
try no cast 8 until next month. Mr.. Birney
then called up the case of Lusby. The man
has been twice indicted, one indictment
charging him with selling oleomargarine
the 10th Of last January to Florence Davis
a young colored woman as and for butter
the second indictment charging him with
having been engaged from the LIST Of last
September Until the date of the indictment
as a retail oleomargarine dealer without
the required license.
Getting n Jury.
When the clerk had called twelve men
into the jury box, Mr.. Davis explaining
tiAhe nc hCh Ci MATTERS, dCCuSeQ us
trict Attorney Birney of having exercised
two challenges out Of court by having the
clerk refrain from calling two certain men
into the box. the names of the two tales
men, asserted Mr.. Davis, being marked by
certain check en- the clerks list. Mr.
Birney denied the accusation, remarking
that he had seen neither the clerks list nor
the so-called check marks.
Mr.. Davis asserted that Mr.. Birney had
evaded his charge by making an indirect
answer. when Judge Cole remarked that he
had no control over the clerks list of
jurors, and that as there was no motion
before the court there was no occasion for
the court to rule. Mr.. Davis then formally
moved that the clerk be directed to call the
list of jurors from the head of 1t. Judge
Cole overruled the motion. remarking that
If the defendant objected to any of the
men called into the box he could challenge
them.
The defendant noted an exception, and
son and l. N. Runyan, Mr. Birney chal-
longing Clarence E. Clifford The following
were then sworn as the jury: Jos. A. Set
tie, s. J. Fishel T. E. Cowling, F. v. Kill
Been, w. H. H. Gould. Bernard F. Joy.
Chris. Grovener, VIM. H. Burch and George
Thomas.
The Purchase.
The two indictments having been CONSOLE
dated Mr.. Birney explained them to the
jury. and called as his first witness Arthur
G.. Van Horn, young man in the employ
of the local internal revenue office. He
testified that OH the day in question he
sent Florence Davis into the defendants
store, 10th and H streets northeast with
10 cents to buy half a pound of butter.
The girl made the purchase, handed the
stuff to the witness, who subsequently
delivered 1t to Dr. Champion, the govern
ment's chemist.
Florence Davis testified to making the
purchase. having asked for half a pound
of butter. She handed the stuff to Mr..
Van Horn, by whom she was then and Is
now employed as a servant.
Without N License.
Dr. Chas. A. Champion, the governments
chemist, testified to analysing the alleged
butter purchased by Florence Davis from
the defendant. and to discovering that it
was oleomargaine. Harrison Nesbitt of the
local internal revenue office testified to WIS.,
iting the defendants place of business the
18th of last February, with Inspector Fen
dali. They discovered oleomargarine there,
and Lusby finally admitted having sold it
also told witness that Mr.. Wilkins, from
whom he purchased it.; had told him to go
ahead and that there would be no trouble
about it. The defendant, a few days after
a retail dealer in oleomargarine paid the
tax and penalty, swearing in his applica-
ton that he had been engaged in the sale
of it since the list Of last September.
Used 1t Himself.
The defendant was the only witness
placed on the stand in his own behalf. His
statement was to the effect that the oleo-
margarine found at his place of business
was used by his family only.
Shortly before 3 o'clock counsel began
their addresses to the jury.
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