Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-19
SECOND DAY OF HARPER TRIAL
COURT REQUIRES WITNESS
STONE TO ANSWER QUESTIONS
Sales of Headache Remedy Made to
One Customer Since
April, 1907.

! The second day Of the trial of Robert
y. Harper. accused of violating the pure
| food and drug law by mislabeling and
| selling headache remedy. opened in the
| Police Court today with a decision from
Judge Kimball. ordering Frank T. Stone
| of the drug firm Of Stone & Poor, who
was witness in the case. to answer
questions relative to purchases of the al
legged headache cure in question. He
had refused yesterday upon the advice of
counsel to answer the questions on the
ground that 1t might render him liable to
prosecution and expose certain property
to seizure
At the closing of The Stars report yes
terday United States Attorney Baker de-
manded that Mr.. Stone answer the ques-
tons. declaring that the second Sec
ton of the act under which the prose-
cution was brought exonerated him
from prosecution. The contention of the
prosecution was objected to by attorneys
for the defense. and argument on the
question consumed the entire afternoon.
In deciding that the witness should
answer the indicated questions th>s morn
ing Judge kimbal said the act provided
clearly that the purchaser of guaranteed
goods was innocent of criminal intent and
was not liable to the confscation and
The ruling of the court was objected
to by the defense, and an exception was
noted.
Mr.. Stone Testifies.
In compliance with the courts order,
Mr. Stone resumed the witness stand and
told of purchasing Harper's remedy from
March. 1907. as his store required it, until
the date of the filing of the information
T. II loh
cal with those offered in evidence as in
dicating the alleged misla being. When
Mr.. Stone was giving his testimony AS
sistant United States Attorney Proctor
read number of testimonials from Har-
pers customers showing the alleged bene-
fetal effects of the medicine The read
ing of these testimonials created consid-
cradle amusement.
Witness Cross-Examined.
Upon cross-examination Of the witness by
the defense. it was brought out that at
the time of the application of Mr.. Har-
per for guarantee for his alleged head
ache cure at the Department of Agricul-
ture and later at the instance of the de-
partment authorities when the label was
objected to misleading, Mr.. Harper
offered to change the wording Of the
label to conform with the desires of the
authorities The testimony, both direct
anu uHOCI Was lODS
drawn out on account of numerous OBJ
jectiOns and exceptions noted.
William W. Tafvall. formerly employed
as clerk in the store of Stone & Poor,
was the second witness. and testified to
various purchases of the compound in
question from the Harper laboratory. and
identified the labels in evidence as exact
duplicates Of the labels on bottles sold
at the Stone & Poor establishment. Tai
vail testified that he sold the bottles of
the headache August Of last fn
Henry c. Fuller, assistant chemist Of the
Department of Agriculture, whose inves-
LEGATIONS and analysis Of the compound
led to the present prose
Henry c. Fuller. assistant. chemist in
the Agriculture Department was next
called to the witness stand and in quail
flying himself as an expert analytical
chemist stated that he was a master of
maceutical School. and had held positions
as analytical chemist TO- four years In
two large drug firms in the country be-
ore going to the Department of Ag-i-
culture. eleven months ago. He was ask
ed to give the result of his analysis of the
Harper remedy which he purchased at
the store of Stone & Poor August 26 last
After going into the details Of the tests
Mr.. Fuller announced that he found the
compound. contained nothing Of a nu-
part with the exception of minute par
ticles of glycerin and similar substances,
was either a depressant or stimulant.
Substance Of Analysis.
The analysis of the compound. giving
the quantities of its principal ingredients,
Mr.. Fuller gave as follows: Alcohol,
"a Is per cent; acetanilide. 3 Ito per
cent: antipyrne. 1-5 per cent: caffeine.
1 As percent and bromides. $40 per
cent Alcohol and caffeine were pro-
nounced stimulants. he said. and acetani-
| Tide and antipyrine are dep-essants. In
| addition to their dangerously poisonous
| qualities
The testimony of Mr.. Fuller consumed
| fully an hour and half.
Attorney Objects.
| Previous to Mr. Fuller's testimony rel
! alive to the results of the chemical
| analysis, Mr. Tucker of counsel for the
| defense objected to the witness giving
the result of this analysis.
1.-The giving of the analysis OF Mr.. Ha--
| per's compound may have a tendency to
| injure him." said Mr.. Tucker, land l OBJ
ject to the witness giving iti as / fall
of mislabeling and the selling of mislabei-
| ed goods The objection was overruled,
and an exception noted.
Under cross-examination by counsel for
| the defense. Mr.. Fuller was questioned
| closely relative to the accuracy OF the
| tests, and the liable variation in the re-
| suits of such analytical tests.
| DIR. L. E. Keber of the bureau OF chem
| istry Department of Agriculture, and the
Immediate superior Of the preceding wit.
ness. was called to the stand and testified
that the tests made by Mr.. Fuller were
| absolutely correct, and entirely sat1sfac-
| tory to the bureau.
| Under crOss-examination by the defense
an attempt to show chemical analyses
were liable to variation. The witness de-
MED such was a fact. DR.. keblers tes-
| timony was of brief duration. and he was
| excused to give way to DR.. H. w. Wiley.
| chief of the bureau Of chemistry, who was
upon the witness stand when The Star S
report closed.