The Semi-weekly leader. (Brookhaven, Miss.) 1905-1941, 1906-12-29
THE SALE or COCAINE.
Surprise and Disappointment Over Out
come Of Grand Jury indictments.

Surprise and Disappointment Over Out
come Of Grand Jury indictments.
& In view Of the many desperate
crimes being reported in the press
as result of the sale of cocainex
land numerous recent evidences an
this community that the unlawful
sale Of this dangerous drug is be-
ing made to negroes, there has
been much adverse criticism of
the farcical turn ofthe prosecution.
| by the State at the late term of
conrt 10 the case of f. s. Swain,
a druggist of this city, against
whom the grand jury found two
true bills for the sale of cocaine.
i The failure of the prosecution and
the consequent disappointment of
public expectation seems to have
been due primarily to the loose
and faulty manner in which Dis
trict Attorney Webb drew the in
ldictments against Swain, and the
bulk of the condemnatory crit.
cism is aimed at the District At
torney, where it evidently prop
erly belongs.
1 There are two sections in the
new code relating to the sale of
cocaine. The first is section 1888
and is as follows:
i No druggist, apothecary, ply
siclan or other person shall sell or
give away cocaine in any quantity
whatever, except to regularly IL
censed physicians or dentists, or
upon prescriptions of such physi-
clans, which shall not be used
more than once or reflled; but
this shall not interfere with the
use of the same by such physl-
ciaps or dentists in their practice.
Any person violating the provis-
ions of this section shall, upon
conviction, be fined not less than
ten dollars nor more than five
hundred dollars, or imprisoned in
the county Jail not less than one
month nor more than six months,
or by both such fine and imprison-
ment.o
The second is section 1891,
which reads:
"If any druggist or other per-
son whosoeyer shall sell, offer for
sale, or give away any sulphate,
or other preparation Of morphine,
or cocaine, in any bottle, vial,
envelope, or other package with
out having the same wrapped in
a scarlet paper or envelope, and
labeled with scarlet label, letter.
ed in white letters, plainly nam
ing the contents of the bottle,
vial, envelope or package, he
shall be guilty of a misdemeanor,
and, on conviction, shall be fined
not less than ten dollars nor more
than fifty dollars
/ From tie above it will be seen
that it is made unlawful to sell
cocaine, in any quantity, except
to regularly licensed physicians
or dentists, or upon the pre-
scription of such physicians, "
and the second section requires
that when sold, a specific kind of
paper and label shall be used by
the seller.
The two true bills against
Swain we're for alleged violation
of the first section quoted. One
of these was for selling cocaine to
a negro named Andrew Martin,
but in drawing the Indictment in
this instance the District Attor-
ney failed to state specificallywhat
it was Swain sold, and hence the
, Indictment could not be other
] wise than fatally defective.
In the second Indictment it was
alleged that F. S. Swain, a
+ druggist late of the county afore-
, said, on the 10th day of Decem-
Der, A. d. 1906, IN the county
aforesaid, did then and there will
fully and unlawfully sell and re-
tail to John Britt quantity of
cocaine without any prescription
i therefor by a practicing or other
physician, the said Britt not then
! and there being physician, as
! the said Swain then and there
t well knew, contrary to the form
! of the statute in such case made
! and provided, and against the
!. peace and dignity Of the State Of
! Mississippi. Z
e When Swain was arraigned for
r trial on this Indictment, Messrs.
9 A. G. McNair, 2. 2. Jones and
Thos. Brady, Jr., counsel for de-
/ fendant. filed demurrer to
6 it raising the following points:
/. The indictment charges nc
offense.
%. The Indictment does mol
Q Icharge that the John Britt was
not a licensed physician or den.
a Il u - Il, k1@of