The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-06-18
BUTCHER FRANK DAY
FINED ONE HUNDRED
Found Guilty Of Having Sold 0leomar-
garine for Butter. s..
WILLIAM LElTNER WAS ABSENT
lie will BE Given n Hearing at a
Later Period--Mr, Beemer Tells of
Some Rather Peculiar Things That
Agent Terry SAID to Him--Case
Against the Beemcrs Held Under
Amusement by. Alderman Howe.

posed of yesterday afternoon by AL
derman John T. Howe. Frank G. Day,
butcher of 905 Capouse avenue, was
found guilty and the minimum fine of
500 with costs of prosecution was i'm
posed. The case of Agent James Terry
against Beemer e. Son, dining room
propretors, of Washington avenue,
was reserved for a decision this morn
ing. Mr.. Beemer made an excellent
defense, and in his testimony he indi-
rectly charged Agent Terry with at
tempted blackmail.
William Lietner, the huckster, could
not be found yesterday, and his case
will be attended to later.
Attorney Frank f. Boyle represented
Agent Terry and Attorney S. B. Price
the defendants.
The hearing attracted an interested
audience in Alderman Howe's office
1t was adjourned from, the morning
at $50 o'clock until the afternoon at
o'clock. At that hour James Flynn,
young man whose home is on the West
Side, took the stand to give evidence
against Mr.. Day, the butcher.
Flynn had been used as a "noser"
for Agent Terry. On May 21, he said,
he went into Mr.. Days butcher shop
and called for a pound of butter.
Young Herbert Day, son of the de-
fendant, waited on him and sold him
pound of butter" Flynn paid Is cents
for it. This butter was analyzed by
Chemist Albert II. Welles, who found
it to be the regulation "oleo."
SAID IT WAS ALL RIGHT.
Agent Terry also testified that he
went into the place a short time af-
terward and upon entering had greeted
young Mr.. Day with: "Well, how's the
oleomargarine business with you?"
Young Mr.. Day answered that 1t was
"all right" He then became suspicious
of the visitor and would answer no fur
ther questions, directing Agent Terry
TO papa"
When young Mr.. Day was put on
the stand he proved a very excitable
witness. He admitted that he had sold
| oleomargarine many times, but he al
ways explained to the customer that
| it was a concoction of tallow and 9TH
| er inviting ingredients. He thought
| that the young man Flynn had been
! in the shop before, so he didn't take
| the trouble to explain to him.
His father gave the same story. He
was selling the stuff not for himself,
he said, but for William Leitner, the
huckster He handled the stuff with
out any pay whatever.
The case against w. A. and o. A
| Beemer was then begun Agent Terry
| told how he and a friend had gone in
| to Beemer's about two weeks ago and
ordered two meals. They 'swiped" the
] butter patties and Chemist Welles dis
covered that the butter was not but
| ter Agent Terrys testimony did not
conflict in the least detail with that of
w. A. Beemer who took the stand af-
terward
WHAT THE AGENT SAID.
Only Mr.. Beemer referred mildly to
something Agent Terry said. Mr..
| Reemer stated that Agent Terry had
conversed with him at the dining room
Office. Agent Terry opened the con-
versation by asking Mr.. Beemer If he
knew he was giving his patrons oleo-
margarine instead of butter.
Mr.. Beemer Indignantly denied this.
| Agent Terry asked him where he pur-
chased his butter. Mr.. Beemer then
wanted to know who his questioner
was. Agent Terry told him. Then
Agent Terry said: II might as we'll
tell you that you are using oleomar-
garine. There Is penalty you know
Then Agent Terry mysteriously
asked Mr.. Beemer If there was any
place where he could talk in private to
him. Mr. Beemer said that the office
was the most secluded spot in the
place. Agent Terry then disclosed his
intentions. "If you will help me-" he
said, ito trace this 'oleo' business in
this city, why"
Mr.. Beemer readily responded. He
would be only too glad to punish the
imposters. He told Agent Terry that
at 230 o'clock that very afternoon he
would order some butter. This he in
vited Agent Terry to inspect.
HE WAS FINED.
Before Agent Terry left the place
Mr. Beemer said:
well am 1 to suppose that I am
fined, $l00?"
Yes" responded the agent.
"Bave you the papers"
Eyes, have" answered the inspec'
tor.
Mr. Beemer said he wasn't the sort
of a man to be hung before he was
convicted, so he didn't pay the $lOt
fine then.
He learned yesterday evening, he
SAYS for the first time, that the agent
has no power to collect the fine.
Alderman Howe held the case under
consideration. Beemer will likely be
discharged,