Evening star., 1899-01-04
COURT IMPOSES PENALTY
Judge Fines Local Dealer for Violation of
Pure Food Law.
One Defendant Asks for Jury Trial
Motion for New Hearing in
Case Decided.

Two cases Of alleged violations of the
food law were called to the attention of
Judge Kimball today. Charles j. Chaplin,
a dealer in oleomargarine in the Center
market, was defendant in one case. 1t was
charged that he sold package of the im-
tation for pure butter. A fine of SO was
imposed.
There was a similar charge against Thos.
III. Pickford, who is in business at Louis
lana avenue and 9th street. In his case n
trial by jury was demanded. Both defend
ants were represented by Attorney Mad
dox. A plea of not guilty was entered i'll
the case of Mr.. Chaplin, and the court heard
the testimony
The disposition of the cases by Judge
Taylor yesterday, in taking the personal
boEds of the defendants, did not suit the
officials who had charge of the prosecu-
tion Health Officer Woodward was today
in court to hear the testimony.
Orlando King, colored messenger in the
health office, told the court that he went to
Mr.. Chapins stand in the Center market
and asked for butter. He asked the prices,
and the cheapest was 10 cents pound. He
asked for half pound, and was told that
the 15-cent butter came in pound packages;
and he said Mr.. Chaplin told him he would
not break a package. Witness said he paid
Is cents for the package, and before leav-
ing the stand ne inquired of the dealer if
he had been given butter. Mr.. Chaplin, he
said, answered in the affirmative.
On cross-eXamination witness said he did
not look for a butterine sign on the stand.
Chemists Testimony.
Chemist Hird testified that the article
turned over to him was oleomargarine. He
did not remember that the wrapper was
stamped. Wrappers on some of the sam
pies, he said, were stamped, but the stamps
were the inside, where they would not
attract attention.
Cross-examined by counsel for defendant,
Prof Hird said the law contemplated no
such article as butterine.
DR.. Lynch, health inspector, testified
that he saw the messenger make the pur-
chase. He did not hear the conversation.
Mr.. Chaplin, in his own defense, denied
the charge. He said he made no pretense
of selling butter. On his stand, he said, he
had a. big sign, ''Butterine.'' Defendant
said he had had no conversation with any
body such was related by the colored
witness. Butterne, he said, sells at from
10 to 20 cents a pound. while pure butter
sells at from 20 to 40 cents.
Was butter selling as low as - cents
the Sth of December, the day charged?'
Mr.. Chaplin was asked.
Il think not was his answer.
Yes, it was" Mr.. Pugh remarked. Prof.
Hird got sample from Anacostia that sold
for Il cents
Mr.. Maddox argued that the claim of the
District was absurd in the face of Mr..
Chapin's explanation. He thought his
client was entitled to an acquittal.
Mr.. Pugh, for the District, thought the
contrary.
Judge kimball said he thought the charge
had been sustained, and imposed the fine
stated
Mr.. Pickford's case then called. and
postponement was rendered necessary by
the demand for a jury trial.
Motion for New Trial.
Late: in the day counsel gave notice of a
motion for a trial in the of Mr..
Chaplin.
Prof Hird and Inspector Howe of the
health department did a piece of detective
work today which resulted in the arrest of
Francis Lee, colored, for the alleged sale
of oleomargarine for butter. Lee, it is
charged, is the man Tho sold oleomargarine
to William Carter, the colored grocer who
was tried yesterday. Today Lee was seen
making his purchases al Mr. Chapin's stand
in the market, and was afterward found in
South Washington disposing of his stock
1t is claimed that he has sold the oeo-
margarine as fresh country butter. His
will be tried tomorrow.
One sample of mustard examined by Prof.
Hird contained So per cent of flour.