The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-02-19
STONE TESTIFIES
UNDER COhPULSION
Witness in Pure Food
Case Opens His
Books.

When the case OF Robert y. Harper.
for an alleged violation OF the pure rood
and drug act or June 80, 1895. was re-
sumed before a jury IN the United
States branch OF the Police Court to-
day, Judge Eimbau ruled that Frank
T. Stone, a member OF the drug Arm Of
Stone g. Poole, would be compelled TO
answer certain questions relating to the
purchase OF headache medicine from
the defendant In August, 1907.
Mr.. Stone had previously refused 10
answer similar questions propOunded by
the grand JURY, on the ground that il
would necessitate bringing his books to
the jury room and that replies and rec
ords on the book might incriminate
him. In view Of the fact that there Is
pending against him an investigation in
connection with the seizure of guam
titv OF the medicine IN his store
Justice Stafford sitting IN Criminal
Court, No. ], yesterday, ruled that Mr..
Stone would have TO answer certain
questions propounded by the grand
jury.
After Judge KimbalIs ruling, Mr..
Stone stated in the Police Court today
that on August he purchased two
dozen bottles OF the drug known as
Z
reply to this question was the basis
for an objection on the part OF counsel
for the defense yesterday.
Assistant District Attorney Proctor
then read To the jury the label, the cir
cular inclosed in the box, and the print
ing outside
Objection 10 this reading, made by At
torney Tucker for the defense, was
overruled by Judge Kimbau The bot
tie label, circular and box We're per
mitted TO 20 10 the jury as evidence.
Henry c. Fuller an assistant chemist
and inspector at the Department OF
Agriculture, was the principal witness
called to t-a stand this morning.
Mr.. F'U,lg- stated that he went TO
the store OF Stone & Poole August 70,
and purchased nine bottles OF Harper 3
''brane-fude." having them wrapped In
three packages of three bottles each
Fuller Qualified.
The packages were. sealed and two Of
them were taken to the Department OF
Agriculture. where they were aHalyzed
the same day.
Mr.. Tucker objected 10 the witness
presenting his analysis on the ground
that he had not qualified as an analyti-
cal chemist After an examination Of
his qualifications by Mr.. Baker. Judge
KfynbaH ruled that ne was sufficiently
qualified 70 give evidence as TO the IN
-
Mr.. Tucker Immediately noted another
objection, saying that the drug was a
proprietary preparation. and that the
disclosure Of its contents might cause
heavy financial loss to Mr.. Harper, as
the ingredients would then become pub
lie property. The objection was over
ruled, and witness testified IS TO the
method OF analyzing the drug. The for
mula as obtained by analysis was sub
United as evidence.
An Appeal Certain.
In view Of the fact that this IS the first
time criminal proceedings have been in
stituted in the District for an alleged
violation OF the pure food and drug act
abe ease has attracted more than usual
attention. Whatever the outcome Of
the trial. an appeal VIII, undoubtedly,
be taken to determine the exact status
OF the act, and the construction OF the
law by the District courts.
Mr.. Harper is charged with a viola
ton OF the act in that he had manu-
featured an alleged mislabeled drug, and
offered the same for sale in the District
OF Columbia. Prior 10 three weeks ago
the preparation was known as Cur
forhedake,' % "BraEe-fuCe,'