Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-21
Said Fish Had Bad Odor

Attorney L. Cabell Williamson represent
ed the defendant when the case called
for trial. and the prosecuting witness told of
the purchase OF the fish, and said they
smeIed bad. DIR. Fowler testified that they
smelled bad and he also stated that he
had not examined them and had not been
within three feet of them at any time. Two
clerks in the health office gave similar
testimony. Inspector Harris was put on
the stand by the defense and testified that
the fish were good. He said he had ex-
amined the fish in the morning when they
arrived at the wharf and had examined
them again at the request of policeman.
He admitted the fish smeled bad but said
that this particular kind of fish always
has an unpleasant odor. Capt. Stuart tes-
titled that the fish We're in good condition,
and further stated that he had eaten one
OF them himself and had found nothing
the matter with it. He said he had been
in the fish business for almost fifty years,
and thought he knew good fish when he
saw them. He also testified that butter
fish always have an offensive odor. Sew
eral fish dealers gave similar testimony.
and in addition, spoke of having eaten of
one of the fish of the bunch purchased by
Stern and of finding 1t in good condition.
Attorney Williamson. in addressing the
court said there was nothing in the case,
so far as he knew. He explained that the
odor from fish OF this kind was always
disagreeable and told why this class of fish
has sue an odor. He asked for verdict
for his client. Attorney Pugh. prosecuting
attorney. also addressed the court. He
told of the frequency of such cases and
said he thought case had been made out.
Judge Bundy then said that he would i'm
pose a fine. and accordingly assessed the
defendant so. Attorney Williamson asked
the court to increase the amount to SO
in order that he might appeal. The court
refused to grant the request and the fine
was paid.
What the Dealers Say.
The fish dealers state that they are
placed in a somewhat en- barrassing posi-
ton by the decision of the court and that
they have been unjustly treated. Not only
the men directly interested in the transac-
ton that brought the case into court but
all the fish dealers at the fish wharf ex-
press themselves indignant at the man
in which they allege they have been
treated An inspector is placed at the
wharf to inspect fish and 1t is but reason
able to suppose they say. that when the
inspector passes fish they are sound and
MT for sale. The inspector is the personal
representative of the Commissioners and
the health officer and the fish dealers point
with considerable pride to the fact that
none of the fish that leaves fish houses at
The wharf is in bad condition. according
TO the reports of the health Office. They
regard the action of Justice Bundy In i'm
posing fine in this case injustice
and they also take exceptions TO the courts
refusal to place the fine at such figure
that would permit appeal to a higher
court
The dealers have not yet determined
on any plan of action, but it is believed
that they will ask the Commissioners to
look into the case and determine whether
or not such procedure demands an inveSti-
cation. As the fine has been paid and the
case is over. there can be nothing done to
reopen the proceedings. but the dealers
wish to prevent a repetition of the offense
and will probably take action In the prem
!ses in the course OF the next few days