Evening star., 1896-04-09
SOLD FOR BUTTER
First Of the Oleomargarine Cases
on Trial.
DETECTIVES PURCHASED THE STUFF
Given Manufactured Article When
They Asked for Butter.
a. " n NJ VI n II N "
u I V E N TO THE JURY

Trial Of the first ease for violation Of the
oleomargarine law was begun this morn
ing before Judge Cole in Criminal Court
No. i, with District Attorney Birney and
his assistant, Mr.. Jeffords, prosecuting, and
Attorneys Jere NJ. Wilson and Henry e.
Davis appearing for the defendant, who
was Mr.. William L. Matthews, whose place
Of business is at the corner of 10th and g
streets northwest.
After arguments late yesterday afternoon
by Messrs. Henry e. Davis and Jere VIII
son. Judge Cole overruled the demurrers to
the Indictments in the cases of Wilkes c.
Prather, Thomas Pickford, William L.
Matthews and Clarence Fowler. The attor-
neys entered pleas Of not guilty for their
clients. and II was decided to begin the
trials this morning.
In their arguments the attorneys con-
tended that the indictments were defective
becIIse they were insufficient in law and
framed under an unconstitutional act: that
the act does not define what snail consti-
tute criminal offense, and that Congress
mas no constitutional authority to delegate
to the internal revenue commissioner or
any other person the authority to deter
NINE what acts shall be criminal. In mis-
repiy District Attorney Brney made a
general declaration of the unterability of the
contentious of the defense, adding that the
same points set forth had been passed upon
oy the court several weeks ago. Judge
Cole went over all the points ard the law
briefly and then announced tha: he would
sustain the indictments. The defense de-
sired to take the matter to the Court Of
Appeals ON ar appeal from the inter,ocu-
murrers. Mr. Birney objected, however,
and the trial was set for this morning.
Trials Begin.
rich Brothers. who are under indictment for
violation of the law, and MIR. Isaac A.
Eiker. a dealer in butter, were excused
from service on the jury, and then in the
presence Of a crowded court room, the
proceedings were set in motion by Mr. Bir-
ney, Who explained that the government
hoped to prove that Mr.. Matthews sold a
pound OF oieomargarine as and for butter
In violation of a law passed i'm 1856 to pro-
tect the communities of the country from
just such imposition.
Mr.. Harrison Nesbit of the internal reye-
nue. service, the first witness for the Cow
ernment testified that Mr. Matthews Julv
b. 1888, was issued a license for the sale
OF oieomargarine, and explained the method
1oIIowed in issuing such licenses
Detective Joseph Carter next took the
stand and stated tnat October - lSa5 he
was detailed by Maj. Moore to inyestigate
the oteomargarine cases. In company with
a,. Mr. John Enright witness visited thirty
nVe or forty establishments, the ninth be-
ing MT. Matthews store. Witness saw Mr..
Enrignt enter the store and return with a
package of oleomargarine.
mere did You get the money to make
tnoSe purchases" asked Mr.. Wilson
said Mr.. Birney.
II desire to show" explained Mr.. Wilson.
that Detective Carter was acting as The
agent OF butter dealer in this city. the
money.
Judge Cole ruled that the question had no
bearing in the case, and an exception was
noted. va"
Bought Butter,
The package in question purchased from
Mr.. Matthews by Mr.. Enright, said the wit
ness. cost thirty cents, and was sold as
creamery butter. There was no stamp or
mark whatsoever on the package that
would signify the contents to be oleomar-
garine.
Mr.. John Enright of 1122 F street south
west testified that he purchased the pound
OF oleomargarine offered in evidence Oc-
tober Y last at the store of Mr.. Matthews.
witness asked Tor one pound of good
creamery butter, and paid thirty cents for
the package. There were no marks or
label on the package, a clerk wrapping
the article purchased in ordinary paper
tying it with twine. He delivered the pack.
age to Detective Carter, who marked it,
and with the latter, took it to the Treas.
department.
who employed you TO do this work."
asked Mr.. Wilson.
Detective Carter"
Did YOU receive any money for your
services?'
The witness maintained a discreet silence
until instructed by the court to answer
when he admitted that he had been paid
From whom did you receive the money!"
next asked Mr.. Wilson.
Again the witness failed to make reply,
but when informed by the court to respond
to the question, stated that he was paid
ceiving in all 50. He was paid at the store
OF Mr.. Oyster, he said, but insisted that
he had been employed for the purpose de-
scribed by Detective Carter alone.
The defense enGeavofed to show by the
witness that Mr.. Oyster was endeavosing
to make cases against the smaller dealers,
but II WIS ruled out.
Was OleOmargarfne.
DR.. Charles A. Crampton, a chemist in
the internal revenue office, testified to re-
ceiving the package from Detective Carter.
to making an analysis Of the contents and
declared the same most emphat:cally to be
oleomargarine. DR.. Champion described in
detail the analysis made by him in deter
mining the contents of the package to be
oleomargarine. 1t had been in his posses
sion alone since being turned over to him
by Detective Carter.
Mr. Oysters Testimony.
Mr.. James F. Oyster was then called, and
in answer to questions said that he was
acquainted with Mr.. Matthews, and that
the latter had gone out Of business last
summer. The defendant called on the wit
ness at his place Of business yesterday. 1t
was testified, and stated that he was much
concerned about the charge against him,
saying he had failed in business, was q
poor man and was trying to get along.
Matthews explained to the witness. so said
the latter, that he first sold the oleomarga-
rihe because Inducements to do SO had been
offered him. He bought ii as butter, sup
posed It to be butter and sold it as such,
until later, when he was Informed by Mr..
Wilkins of its nature, but was also told
that he had right to sell it. Witness was
asked by the defendant what he should do
and was informed that a frank confession
was the only plan that could be suggested.
On cross-examination, Mr.. Oyster admit
ted that he has taken a great interest In
the oleoulargarine case. had furnished ne
tective Carter with a list OF dealers to BE-
Investigated. and that he had paid Mr.. En-
right for services rendered in assisting De-
tective Carter.
The government here closed its case. and
Mr.. Wilson asked that the jury be In
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