The evening times., 1896-04-20

The consideration of the oleomargarine
cases was . gain made the order OF business
today in Judge Coles court, and the first
sentence under the law passed.
The defendant was Wilkes G. Prather.
W nose case was the second one tried, and
who was. round guilty. Judge Cole inn
posed fine of $50 and a sentence Of three
hours in jail.
TIE action was the result OF an under
standing between the court and counsel. An
appeal was noted, and the rccognizance OF
Mr.. Prather ken in the sum of $500. Wal
ter T. wilkins became his surety.
II had not intended to pass sentence in
any of these cases until the entire batch
the district attorney proposes to try at this
term was disposed Of" said Judge Cole.
II understand, however. that it is intended
to carry the case to the court of appeals As
speedily as possible.
A NOMINAL SENTENCE.
Il will make only a nominal imprison-
ment md q small fine. In thai manner the
defenda ut is giveI, the benefit OF the doubt,
and if the court above fails to affirm the
Judgment or this court IT. will be on a siEall
punishment.
THE sentence and fine in this ca sc must
not be taken as a precedent for the re-
manning cases. In addition to the fine OF
$50 the defenda Mt must pay the costs OF
the prosecution. The maximum imprison'
ment is two years aud the maximum fine
81, 600.
Counsel for tile government called Tor a
rchearing of the case OF James T. Childress,
on whose guilt or innocence the jury could
not agree last Saturday. after il had been
wrestling with the case all night. MIR. Davis,
for the defense. said it was impossible
to secure Il jury, because there was only a
partial panel competent outside the panel
that had already attempted to pass on his
fri,l fpr he .iafpnsp tlprafnrp
moved that the case be certified 10 the other
criminal court Tor hearing.
CERTIFIED TO ANOTHER COURT.
District Attorney Birney opposed this,
and asked for an immediate rehearing,
but Judge Cole granted the motion of the
defense, and the trial viii take pla ce
i'll criminal court, No. 2.
William o. Lusby's case was then called,
and a jury secured with little difficulty.
Mr. Lusby's store is at the corner of Tenth
and II streets northeast, and the govern
ment charged him with selling 10 cents
worth of lcomargarine for butter on Jam
uary 20 last. He vas accused of selling
oleoma rEarne without license.
The evidence int reduced a Cainst Mr.. LuSby
correspondcd closely with that given in
the trIa1 OF Mr.. Chiidress. Arthur q. Van
Horn of the Internal Revenue Bureau was
the first witness and testified to sending &
his servant girl. Florence Davis, into the
store to purchase half a pound of butter.
The stuff she bought was eventually turned
over to Dr. Charles A Champion, chemist
of the Internal Revenue Office. who testi-
fled thai on analysis he found il to be
oiecmargarine.
Harrison Nt-sbitt OF the Revenue Bureau
said that, in company with Inspector Fen
dali, he visited the defendants place of
business February l aud found oo'h hut
ter auG oeloInargarine on sale. Deie ldant
admitted, MT. Nesbitt testified. that he had
sold oicomargarine without a liceuse. Wit
ness testified that Mr.. Lusby told him a
member or the firm of wilkins & Co. as
surei him he was safe in selling Dieo .Ear-
garinc without a license.