Evening star., 1899-10-11
PROBABLY "A TEST CASE
Druggist Charged With Selling Powders
Not Up. to Standard.
Others Have Similar AccusatiOnl
Against Them-The Evidence
n
Heard Tol1ay>in Court.


was today placed on trial before Judge
Kimball and jury to answer the charge
| of selling seidlitz powders that were not
| of the strength, quality and purity as laid
| down in the United States pharmacopea. A
| similar charge, except that in some In
| stances Hoffman's anodyne is the article
alleged. is pending against each of twelve
other druggists. The government was rep
| resented by Mr.. James L. Pugh, jr., and
the defense by Messrs "A. A. Lipscomb and
Hamilton Colbert. The latter was not,
| however, present.
| Mr. Pugh asked that all the cases above
mentioned be consolidated, but this was op
| posed by MIR. Lipscomb, and the court sus-
| tanned the objection Mr.. Lipscomb then
| asked that the case be continued for one
| week, on account of the absence of his col
| league. This was overruled by the court.
After some preliminary skirmishing be-
! tween Messrs. Pugh and Lipscornb, Mr..
Nicely was arTaigned. He pleaded not
! guilty. and Inspector Lynch of the health
| department was called to the stand. The
witness said he went to Neely's drug store
| July 10 and purchased a sedlitz powder,
| for which he paid 5 cents. He placed 1t in
the possession of Prof ]. D. Hird of the
health department for analysis. On cross
examination the witness admitted that he
visited a number of drug stores for the
purpose of buying seidlitz powders or Hoff-
mans anodyne, and that to some of the
proprietors he stated the object for which
! he wanted the articles. which was to have
them analysed by the health department
| in order to test their purity.
Prof. Hird Testifes.
Prof. Hfrd gave the details of his analysis
| of the powder bought from Mr.. Neely. and
stated that the article did not come I'D to
the standard. During his cross-examina-
| ton of the witness. Mr.. Lipscomb asked if
uyQC hot
chemistry whom he named could make an
analysis in the presence of the Jury.
I do not know whether those men can
| make any analysis whatever, nor do l
care, the witness replied warmly.
Mr.. Lpscomb objected to the fling"
which he said the witness had made at two
reputable gentlemen Prof. Hird discaimed
any Intention of making fling" at any
one.
Mr.. Lipscomb replied that the fling
was made, as charged by him. and that
when his two chemists should go on the
witness stand the court and Jury would be
convinced that they are men who under
stand their business
This closed the testimony for the govern
nent and the defendant was called to the
stand. He stated that his name is Guy NJ.
Neely: that he is a graduate of college of
pharmacy. and has been in business about
ten years. In reply to questions from Mr..
Lpscomb, Mr.. Neeiy described the process
by which he made. seidlitZ powders. This
was, he said according to the formula pre-
scribed by authority of the United States
government and printed in the United
States Pharmacopea. He admitted that the
powder procured from him by Inspector
Lynch did not comply exactly with the
| formula. but insisted that this was caused
| ty the way in which the powder was meas
Lred
In the course of his testimony Mr..
Neely mentioned several times that he
| called on DR.. Hird some time ago in
reference to the powder in question DIR.
| Hirl remarked to Mr.. PIQh he ba6
| never seen Mr.. Nicely until today, and the
| remark was repeated to Mr.. Neely, who
| quickly answered that there must be some
| thing wrong with DR.. Hirds head
DIR. Hird smiled at this, but made no re-
| joinder
Employs the Same Formula.
DR.. Henry E. Kalasousky, who said he
| had graduated from two colleges, and for
| twelve years had taught pharmacy and
chemistry. testified that he had made thou
sands of seidlitz powders and that every
one was measured In the manner described
| by Mr.. Neely the course he followed.
Judge Kimball questioned the witness and
! brought out the statement that there are
many druggists whose scales are not abso-
| lutey correct.
"Then If that Is the case" Mr.. Pugh sug-
| gested, 1.-The sealer of weights and meas
ures ought to visit the drug stores.'
| Mr.. Lipscomb asked the witness if he did
not believe that when Mr.. Neely made the
| powder he used due care and had no inten-
| ton to defraud
Mr.. Pugh objected to the question which
| led Mr.. Lipscomb to say that he proposed
to show to the court and jury that the rea-
son Mr.. Neely and the others were being
| prosecuted was because they had opposed
| before Congress bill which the health de-
| partment wanted passed.
At this point. and at the request Of Mr..
| Lipscomb the court took a recess until
| lib pm.
Technical Questions Asked.
On reassembling at 1:3O pm. DR.. Kala-
| sousky again took the stand. He was ask
| ed a long list of technical questions, the
| answers to which tended to show that, in
| the opinion of the witness, no ill-effect
would be produced by taking overdose
of seidlitz powders. Mr.. Lipscomb asked
| the witness whether he knew at what col
| lege Prof. Hird graduated.
| Mr.. Pugh objected, and Mr.. Lipscomb
| did not press the witness for an answer
| DR.. Robert N. Harper, president OF the
| Druggists Association Of the District of
| Columbia, was witness. He said the al
| most universal practice of druggists
| throughout the United States in making
| seidlitz powders was the same as that
| pursued by Mr.. Neely. The latter, he said,
stands high in his profession.
| Mr.. NeeIy Recalled.
After a long argument by Mr.. Lipscomb
as to the value of the U. s. Dispensatory
as an authority on seidlitz powders. Mr.
Neely was recalled to the stand. He was
| asked a number of questions, but nothing
important was developed. This closed the
| evidence on both sides, and at 2:20 o'clock
| Mr.. Pugh began his address to the jury. He
| devoted ten minutes to the presentation of
| the governments side, when he was follow
| ed by Mr. Lipscomb for the defense. He
was speaking when this report was closed.
/