Evening star., 1908-01-28
DEMANDS. JURY TRIAL
ROBERT N. HARPER DENIES HE
VIOLATED DRUG LAW.

Robert y. Harper. accompanied by his
counsel. Benjamin Minor. appeared be-
fore Judge kimbal Of the United States
branch of the Police Court this morning
70 answer to the charge of violating the
pure food and drug law of date since
its approval January 81. 1906. and spe
cihcally in August. 1907 and January.
1905 tpon the reading Of the informa-
ton by Clerk j. \. Potts Mr.. Harper en-
tered plea OF not guilty. waived eH-
animation and demanded jury trial.
Hy agreement the bond Of 81 900 pre-
Viously given was continued for Mr.. Har
pers future appearance upon the charges.
After the pleading To the Information
on the part of the defendant Benjamin
Minor Of counsel for the defense request
ed that an early date lie set for the trial,
and Suggested that il be scheduled for
Inc February jury term OF the Police
Court Though nothing definite was &C
ComDllsned i'll the way Of settling upon
a date. the prosecuting officers ar- in
cEnc'i to agree to trial in the near fu
tune, and Il conference upon that subject
will IN All probability take place between
United States Attorney Baker and his
assistant Nj, Ralph Given. within the
next rev days.
The proceedings in the Police Court
lasted but al few moments. and IN order
10 facilitate tce pleading Of the defend
ant the hearing OF colored man charged
with the larceny OF a quantity of clothing
III one Of the newly constructed Balti-
more af.d Ohio railroad buildings in the
iurlh lheaSt section OF the city was tenn
porarity interrupted. At tine conclusion
Of the proceedings III court Mr.. Harper
LIFT with his counsel. and later went to
lis home. II is expected from the great
number ef witnesses to he summoned for
The defense that the trial VIII last fully
a week OF ten days. 1t is said the de-
fellse will i'll all probability have no less
than sixty 10 seventy witnesses
The information against MI Harper is
sworn to by MIR. Henry &. Fuller and
Messrs. Miller and Poole, local druggists.
1t recites viola lions OF the food and drug
act in misla beling concoction said to
be cure for headache: i'll manufacturing
Il miSlabeled pharma ceutical compound ::
III setting forth INSTRUMENTATION as to the
quantity of ingredients in certain phar
maceutical compound and in selling mis-
labeled drug compound. The info,ma .ion
was filed January IA Id by Cnitcd States
Attorney Baker, and Mi. Harper upon the
same Gay appeared before Police Court
Clerk Harper with his attorneys and gave
1t bond of 81 90" for his appearance when
necessary.
January 23 Messrs. BENZ jamin Minor and
{. {. Tucker counsel for Mr.. Harper.
filed a demurrer to the information against
their client alleging the unconstitution
ality of the law in question. and also al
leging its ambiguity. and denied the right
to interpret ii AS proper penal statute.
For two afternoons the demurrer was
argued before Judge N mhall. who finally
ovelruled il January -.
Should In unfaNoraDle verdict be re-
turned against Mr.. Harper in the coming
trial at the Police Court. il Is confidently
expected the case will be taken to the
upper courts and the, constituIionality
issue fought TO the end.