The times., 1899-10-12
NEELY JURY DISAGRBHS
The Case Against the Druggist Be-
fore Judge Kimball.
A Claim That Preparations Sold by
pounded in Accordance With Law
Several Physicians Swear That n
Popular Formula Was Followed.

Guy NJ. Neely, a druggist, whose place
of business is at the corner of Eleventh
and C Streets southeast, was arraigned
before Judge KimbaIl and a jury yesterday
afternoon on the charge OF selling seidlltz
powders not up to the standard of strength
and purity prescribed in the United States
Pharmacopeia. The arrest was made more
than month ago. The defendant de-
manded jury trial. and the case came up
yesterday. At about the time of Mr..
Neely's arrest twelve other druggists
were arrested on similar charges. In some
of the cases it is charged that the druggists
did not follow strictly the prescribed form
ula in preparing Hoffman's anodyne. Prose-
cutting Attorney James L. Pugh rep: esent-
ed the Government and A. A. Lipscomb
and Hamilton Colbert were retained as
counsel for the defence. An effort was
made by Prosecuting Attorney Pugn to
have the thirteen cases consolidated, but
the motion was overruled at the instance
of Mr.. Lipscomb. The defendants attor-
ney next asked that the case be continued
for one week owing to the absence OF MIR.
Colbert, his colleague. This motion was
overruled and the trial was commenced.
Mr.. Neely pleaded not guilty. Inspector
Lynch, of the Health Department, was the
first witness. He testified to having gone
to the store OF the defendant on July 10,
where he purchased five cents worth of
seidlitz powder, which he placed in the
hands of Prof. j. d. Hird, the District
Chemist, for analysis. He also stated that
he had gone to several other drug stores
to purchase seidiitz powders and Hoff-
mans anodyne for analysis. To some of the
pharmacists he told his object in purchas-
ing the drugs.
Prof Hird was the next witness. He
told of having analyZed the powders pur-
chased at Mr.. Neely's drug store and
stated that they were not up to the stand
ard, inasmuch as they did not contain the
various drugs of which they are COM
posed in the exact proportion prescribed
by law. Prof. Hird gave a long technical
explanation of the analysis.
Mr.. Neely was called to testify in his
own behalf. He stated that he was
graduate of college of pharmacy and that
he had been engaged in business about ten
years. He described the process by which
he made seidlitz powders and claimed that
it was in accordance with the formula laid
down in the United States Pharmacopeia.
He said that the powders sold to Inspector
Lynch did not comply exactly with the
formula but that that was due to the
method of measurement.
Dr. Henry e. Kalasousky stated that he
was a graduate of two colleges of phar
macy and had taught pharmacy and chem
istry He had made seidlitz powders, and
always used the formula employed by Mr.
Neely. He further stated that the scales
used by many druggists are not correct,
and that such a condition would make a
difference. more or less marked, in certain
mixtures for which there is an exact for
mula prescribed He thought that no i'll
effect would follow an overdose of seidIitz
powders.
DR.. Robert n. Harper, the President of
the Druggists Association of the District of
Columbia, was the last witness. He stated
that the process ofsmaking seidlitz powders,
as followed by Mr.. Neely, was universally
used among druggists. He stated that Mr..
Neely stands high in his profession.
Following the arguments of Mr.. Pugh
and Mr. Lipscomb Judge Kimball delIv-
cred his charge TO the jury. in which he
called attention to the Importance of the
Pure Food law. He said in part: THE
Government claims that the drug in ques-
tion differs from the standard, and that,
according to the law and the prescribed
formula laid down in the United States
Pharmacopeia, seidlitz powders should be
divided in twelve equal parts. The powder
analyzed by Prof Hird contained, in one
case, As per cent more and in the other
per cent less than the one-twelfth part.
If you believe that the defendant sold this
powder, he is guilty.
The jury retired at 3:15 o'clock, and after
several hours of deliberation it was decided
to report disagreement