Evening star., 1896-06-24
FOUND NOT GUILTY
Dealer Deutermann Escapes the 0leo-
margarine Prosecution Net.
TRIAL OF Mr.. M'CAULLY COMMENCED
Dealers Claiming They Sold Only to
Especial Customers.
TIE STIMONY OFFERE ED

The trial of Frank Deutermann, engaged
in the grocery business at 9I5 r street,
charged on two indictments with retailing
oleomargarine last January without Ii
cense, and without stamping the stuff as
such, was resumed before Judge Cole, In
Criminal Court No. l, this morning. The
testimony on 10th sides was concluded yes
terday afternoon, and this morning. after
Assistant District Attorney Jeffords had
briefly addressed the jury, contending that
the guilt of Deutermann on both indict-
ments had been clearly established. Judge
Cole instructed the jury. Mr. Henry E.
Davis, counsel for Deutermann. declined to
address the jury. and Judge Cole, after in
forming them that the manufacture or the
sale of the stuff is not prohibited by law,
stated that it must be both made and sold
above board, and under certain restrictions
and conditions. If. said the judge. Deuter-
mann sold the half pound Of the stuff men
toned in the Indictment without first
stamping 1t as oleomargarine, or If 1t was
sold by one of his employees, then he was
guilty Ard lie was guilty. too, under the
other Indictment IL he retailed the stuff
without a license. But, on the other hand
if he bought and sold the stuff only on the
expressed orders Of customers, in the orig
inal packages and without any profit to
himself. he would be guilty under neither
Indictment.
Another Case.
The jury retired at 1885, and District
Attorney B;rney at once called up the case
of Samuel J. McCauley, charged under two
indictments with violating the oleomar-
garne laws. McCauley is engaged in the
grocery business at Rhode Island avenue
end 9th street, and in one indictment he
was charged with selling half pound oleo-
IT margarine to Florence Davis, young col
ored woman, the 18th OF last January, as
and for butter, without having first stamp
ed it as such. and in the second indictment
he was charged with retailing the stuff
without having first obtained the license
required by law The two indictments
were consolidated, and the first witness
called by the prosecution was Arthur g.
Van Horn, a young man employed in the
internal revenue office. He testified that he
gave the Davis woman the money with
which to purchase the alleged butter, and
that when she returned with it, he marked
it and turned it over to DIR. Champion, the
government chemist
Deutermann Cleared.
During the testimony OF Mr.. Van Horn.
the jury in the Deutermann case returned
after an absence Of fifty minutes, stating
that they had found him to be not guilty
on both indictments The man was, there
fCre discharged from custody, and the trial
of McCauley was resumed.
The Davis woman testified to making the
purchase, and DR.. Champion stated that
upon analysis he had found the alleged
butter to be oleomargarine. Revenue Off
GERS w. H. H. Bowen and Thomas Philbin
testified that McCaully admitted to them
that he had been selling the stuff, bat only,
express orders. He had. however, no
license, and Mrs. Glass testified that she
supposed she was buying butter, and that
she paid him % cents a pound for 1t.
Mr.. Dsv Wis explained to the court that he
had no te testimony to offer on benalf of Nc
Caully. but he declined to accept Mr. Bir-
rey's proposition to submit the case to the
jury without argument.
Assistant District Attorney Jeffords then
briefly addressed the jury. explaining that
as the defendant had refused to deny the
testimony submitted against him, it was
really unnecessary for him to say anything
But there could in no event be the slight
est doubt of the mans guilt on both fndict-
ments. notwithstanding his protest that he
bought and sold the stuff only at the ex-
press order OF Mrs. Glass. The truth of the
matter was. said Mr.. Jeffords, that Nc
Caully was retailing it, and that when
caught at 1t he attempted to clear himself
by telling the revenue officers that he only
bought it for Mrs. Glass, a woman who tes-
titled that she believed she was purchasing
butter, and that she paid butter prices for
it.
After Mr.. Davis had briefly addressed the
jury, the trial was adjourned until tomor-
row morning.