Evening star., 1897-03-18
SENT TO JAIN TO-DAY
Wilkes O. Prather tosServs Several Hours
for Selling 0lsomargarine.
The Long Legal Fagh6 and the Vic
tory for the Governments
The Other Cases.

After legal flghtSof nearly one year
from the date of his convic ton, April 10,
1896, Wilkes c. Prather was today sent to
jail to serve the term of three hours i'm
prfsonment to which he was sentenced last
spr.rs by Judge Cole for violating the oleo-
margarine laws. Prather was at the same
time sentenced by Judge Cole to pay a fine
of $50 and 1926 costs.
Prather was one of the more than two
score dealers indicted the latter part of
1879 and early in 1896 for violating the
oieomargarine laws, the charge against
MIN pelng that of selling the stuff as and
Tor butter without labelling it. He was
prosecuted by Mr.. A. A. B:rney, then dis
trict attorney, the present district attorney
MI. Henry r. Davis, being one of his coun-
sci. upon his conviction the case was car
ried to the Court of Appeals, where the
judgment of the lower court was affirmed
from there the case went to the United
states Supreme Court, where the mans
convection and the validity of the oleo-
Hiarearlhe laws were finally sustained the
lalter part of last month
Inc mandate of the United States Su-
preme Court in the case having been sent
down to the Court OF Appeals a few DAYS
ago, the mandate of the latter court was
prepared, ana today ii was presented by
ASSISTANT District Attorney Laskey to Chief
Justice Bingham in Criminal Court No. J.
Prather being in court Mr. Laskey re-
quested the chief justice to order his COM
mltment TO jail to serve three hours i'm
prfsonment and then be imprisoned until
ne pays the amount of the fine and costs
$S925.
Chief Justice Bingham so ordered, and
fratner was placed i'll the custody of the
marshal. Not having the funds at hand
with which to settle the fine and costs he
was detained at the city hall while his
friends started out to raise the required
amount. They expect to be able to do
some time this afternoon. when Prather
will be carried to Jail TO serve his three
hours of Imprisonment. But unless the
fine and costs are paid today he will he
imprisoned until they are. If he cannot
pay them he can, however, after remaining
IN jail for thirty days, secure his release
under what is known as the poor con
victs' act
The mandate of the United States Su-
preme Court in the cases of Israel c. kol-
lock and VIM. .. Lusby, convicted las.
April of violating the oleomargarine laws,
is expected to be sent down about the lst
Of April. Whea that is done they viii &c
brought into the Criminal Court for ths
enforcement of The sentences imposed upon
them by Judge Cole They were each con
victed upon two indictments, the frs,
charging them with selling the compound
as and for butter, and the other with sell
ing it without first having obtained the
required special license. Under the f1rs.
indictment they We're sentenced to three
hours in Jail and to pay fine of 500 ana
costs, and under the second to pay fine
of $1UO and $25 costs Their conviction has
also been affirmed by the Court of Appeals
and the United States Supreme Court.
They are now out on bail, as was PratEcr,
until today.
Speaking to Star reporter today, Dis
trict Attorney Davis said that when he
entered the Office he severed all connection
with the oleomargarine cases as counsel for
the defendants. AS district attorney he has
had nothing whatever 10 do with the cases,
and will not, he explained. having placed
his first assistant. Mr.. Hugh T. Taggart,
in complete control and. full charge, of
them, with Instructions to proceed here
after as If he ,TaggarU were district at
torney
Mr.. Taggart substantiated his chiefs
and stated that in the remain
ing untried cases the parties will be called
for trial as early next month as the busi-
ness of the office will permit. The alleged
of the oleomargarine laws, said
Mr.. Taggart, about thirty in number, will
be vigorously prosecuted by him, and all
guilty ones, he has no doubt, will be
promptly convicted. I'd