The San Francisco call., 1896-03-21
C. A. Bailey Convicted of Selling
Opium Without a Doc
tors License.
DRAMATIC SCENE IN COURT.
Mrs. Sarah Mcconnell Invokes the
Blessing of God Upon Judge
and Jury.

Charles A. Bailey, druggist, Grant
avenue and Suffer street, appeared before
q iurv in Judge Camp BELLS court yes
terday afternoon to answer to the charge
of selling morphine without a doctors
prescription.
A great deal of interest was manifested
in the case and the courtroom was
crowded. The complaining witness was
Mrs. Sarah Mcconnell of 400 Harrison
street. A week ago Mrs. McConnelPs son,
John w. Hall, an opium 'fiend," was at
her request sentenced by Judge Campbell
to six months in the County Jail for
vagrancy, in the hope that it would have
the effect of curing him of the habit.
The Judge told her that if she knew the
persons who sold the drug to her son
without a doctors prescription and could
get them to do the same thing for her or
anybody else he would inflict the severest
penalty upon them if convicted.
Mrs. Mcconnell and a friend, Mrs. d. H.
Parker, went straight from the courtroom
to Bailey's drugstore and bought 10 cents
worth of morphine. They also went to
Carrolrs drugstore on Stockton and Market
streets and purchased a similar quantity
from Otto Jackson, one of the clerks.
They Immediately returned TO the court
room with the packages and Mrs. Nc
Connell swore out warrants for the arrest
of Bailey and Jackson.
Bailey demanded a jury trial and the
case came on yesterday afternoon. There
were so many peremptory challenges on
both sides that the Venire of thirty was ex-
hausted and only nine had been passed.
A special venire of ten was brought in and
the other three were quickly secured. At
torney Lennon appeared for the defendant
and Prosecuting Attorney Forbes was as
sisted by Assistant Prosecuting Attorney
Graham of Judge JOachimsen' S court.
The young man, Hall, had been brought
from the Branch County Jail and his
emaciated appearance excited the pity of
all who saw him. He looked as if he could
not live many days. There were affecting
scenes between him and his mother. He
seemed as helpless as child.
Mrs. Mcconnell testified to going straight
from the courtroom on March 13 to Bailey S
drugstore and purchasing from Bailey 10
cents worth of morphine. She had not a
doctors prescription or order, nor was she
asked for one. She was corroborated by
Mrs. Parker, who said that Bailey had
offered her pill to cure her of the NOR
phine habit.
Hail was called to the stand, but his
evidence was objected to py the defense
w
to the Judge he said he was addicted to
the morphine habit.
DR.. Frank FitZgibbons, Assistant Police
Surgeon at the Receiving hospital was
shown the package purchased by Mrs. Nc
Conneil, and said it contained two or three
grains of morphine.
For the defense Bailey caused genuine
sensation in court by testifying that Mrs.
Mcconnell had presented an order from
q doctor. He denied selling the morphine,
but when cross-examined by Graham he
said he remembered selling the morphine
to Mrs. Mcconnell, but she had handed
an order from doctor, and he had brought
his prescrIption-book with him to bear out
his statement.
Mrs. Mcconnell became so excited that
at the suggestion of the Judge she retired
from the courtroom.
Bailey said Mrs. Mcconnell had asked
for morphine for her son and handed him
the order, which was folded in about four
folds He took it behind the prescription
counter and filled it.
The prescription-bo was produced, and
pasted in it under date of March 13 was an
order, written in bold masculine hand
for ten grains OF morphine, signed Nor
rison, I'D, and on the corner was writ
ten "For j. w. Hail.
A magnifYing- was sent for and
Judge and jury carefully scanned the
order to see ii there was any mark of any
folds in it, but none could be seen.
Bailey could not say who Morrison,
MD" was. He said the order was pasted
in the prescriptions book on the morning OF
March IA by his son.
C. A Bailey Jr. corroborated his father
He said in cross-examination that he had
taken the order off wire and had pasted
it in the book. AS there was no mark of a
wire on the order, he said in answer to
Attorney Lennon that it was customary to
trim he prescriptions to make them fit
into certain space. He did not know DR..
Morrison.
After argument OF counsel the Judge
summed up briefly and the jury retired,
taking the prescription book and magnify
glass With them. This was about 5 80
o'clock. Shortly after 6 o'clock they filed
into the courtroom and the foreman stated
that they wished to ask the defendant two
or three questions. Attorney Lennon OBJ
jected, as the case had been submitted,
and they filed back again to their room.
Ten minutes later they sent word they
could not agree and the Judge ordered
them back till o'clock.
The Judge did not leave the courtroom
and in a few minutes the jury intimated
they had agreed upon a verdict. They
took their seats, and on being asked the
nature of their verdict, the foreman
dHSWeTeu Oullly, as cHargeQ-
Then followed a dramatic scene. Mrs.
Mcconnell had been sitting beside her son
with his arms around her neck. The tears
were coming down her cheeks and he was
trying to console her. AS soon as the fore
man said guilty, as charged. she rushed
toward the jury-box and falling on her
knees before them and ciasping her hands
she raised them above her head and in
voked the blessing of God upon them and
the Judge She was gently led away by
her lady friends as the Judge raped for
order. There were many wet eyes in the
courtroom as she quietly walked away
weeping with bowed head.
The Judge continued the case till to-day
for sentence, and Attorney Lennon init
mated that he would appeal to the Supe-
rior Court
What action will be taken by the Judge
in regard to the order signed by Morrison,
MD, remains to be seen.
The attention of the proper authorities
Will also be called to the fact that Hall.
although sent to the Branch County Jail
to cure him of the opium habit, can get as
much of the drug as he likes there. At
least he said so in court yesterday. There
is what is called the "fiends' row. and
visitors keep them fully supplied with the
druU