Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-07
CHARGE OF CRIMINAL LIBEL
Dr.. ". O. Boteler Defendant in q. 8. Branch
of Police Court.
The Testimony Adduced - Article
Printed In u Medical Journal the
Basis OF AccusatfOn.

The case of the Milford Company OF
Philadelphia against DR.. w. c. Boteler of
Washington, In which the defendant IL
| charged with criminal libel. was taken up
| In the Police Court this afternoon. DR..
| Boteler is charged with publishing in the
North American Medical Review, of which
! he is proprietor, a certain alleged scan
| dalous, malicious and defamatory article
concerning the preparation known as IAN
| thoxin'' manufactured by the said company.
The defendant was represented by Tracy
| L. Jeffords. and the government by D. w.
Baker. Attorney John H. Ralston was
! present in the interest of the milford Com
pany. The trial was heard before Judge
Kimball, the defense entering a plea of
mot guilty"
The first witness examined was Milton
Campbell of Philadelphia, president of the
Milford Company.
The witness stated that the company
operated throughout this country and
throughout foreign countries. Examined by
Mr.. Baker, he stated he had met DR.. Bote-
Ter three or four years ago, when the de-
PENDANT called at the business place of the
firm in Philadelphia.
Mr.. Jeffords brought up the point that
the company was spoken of in the warrant
both as the III. K. Milford Company" and
the III. c. milford Company" Judge
kimball decided that the taking of testi-
Aioiiy Siiouiu pfoSSeu, anu Tie punt CpuFi
be brought up for argument afterward.
Mr.. Campbell told. further. of his first
meeting with DR.. Boteler. who stated that
the defendant was greatly interested in
biological work. Witness stated that at
one time the company had an advertise
ment in the North American Medical Re-
view, published by DR.. BOteler. He also
stated the milford Company manufactured
ahtitoxine and other biological products.
Cross-examined by Mr.. Jeffords, witness
stated he thought DIR. Boteler called at the
office several times A contract for adver-
Using in the North American Medical Re-
view was given for about six months at
| first. There were at least two of these con-
tract for advertising running from three to
six months.
Witness did not know whether the con-
tracts were oral or written. A number of
letters written by Mr.. Campbell to DR..
Boteer were shown witness. who examined
| the signatures and stated they were writ
ten by him. Other letters. it was stated.
written DR.. Boteler had been returned to
the writer.
Judge Kin,ball decided that the witness
should not have to identify cuts furnished
| the North American Medical Review and
published in it.
DIR. William B. French of Washington
was the next witness. Examined by Mr..
Baker. he stated he had read in the North
American Medical Review the article al
legged to be libeIous of the Milford Com
pany, and had mailed ii to this firm in
Philadelphia.
He had written comments on the edge Of
the part torn out, he said. A copy of the
North American Medical Review was
shown witness. who stated that it was the
same number from which he had torn the
article.
More Than One Company.
The fact was brought out by MIR. Jeffords
that there was more than one milford COM
pany of Philadelphia, In the same kind of
business, and that the article in question
did not particularize any one company.
HE should have been specific. If he
libeled any company" said Judge kimball.
The article claimed to be libelous was
offered In evidence by Mr.. Baker and read
by him. 1t was contained in the November
number of tho North American Medical Re-
view
Cross-examined by Mr.. Jeffords, the last
named witness was asked his motive for
sending the article to the milford company
He stated that his object was to prevent
the publication of such "scurriious ar
ticles.'
Need Not Answer.
The judge decided that the witness need
| not answer the question put to him by
| Mr.. Jeffords as to whether he had cut out
| similar articles or not, and mailed then,
| to firms alleged to have been iibeled.
| The case was still on trial when this
| report closed.