Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-10
ARGUMENTS IN HARPER CASE
APPLICATION FOR NEW TRIAL
AND ARREST OF JUDGMENT.
Counsel for Defense Attacks Courts
Admission Of Testimony Regard
ing Use Of Alleged Compound.

Argument upon the motion for new
trial and arrest of judgment in the case
Of Robert NJ Harper. who was recently
convicted by a jury before Judge Kim
ball. in the Police Court. of violating the
pure food and drugs act in the mis-
labelling Of pharmaceutical compound
and the selling of the compound so mis-
labeled. was begun today before Judge
kimball In the same court where the
trial occurred. The records in the case
are voluminous. the bill of exceptions and
the testimony taken during the four
weeks Of the case alone consuming about
1900 pages Of typewriting. 1t is expected
the case will be taken to the highest
court of the land in case of unfavorable
decision
Additional interest is being taken in the
Roosevelt's rumored injunction to United
States Attorney Baker to urge that a Jail
sentence be passed upon the defendant be-
cause of the fact that the present convfc-
ton Is the first under the present law.
With the defendant upon his appear
ance In court this morning. were Messrs.
c. G.. Tucker. Benjamin +. Minor and
Kenyon. his counsel. The government was
represented by Assistant United States
Attorney Proctor. who assumed a large
the trial.
Opening of Argument.
The first argument today was that of
Mr.. Minor for the defense. who attacked
the courts ruling in permitting the
Glazebrook testimony TO go before the
jury relative to a patient being addicted
to the use Of the compound in question.
without a confederation of that testimony
by the patient referred to. During the
argument Mr.. Minor cited the rulings of
the supreme court OF New York state in
granting q new trial in the famous Mol
ineaux murder trial. the attorneys ar
gument Ringing upon the admission of
testimony relative to the sending through
the mails Of poisonous substances to per-
sons who took them. but who were UNI
able to give testimony as to the character
or effects of the substances.
Following the noon recess Mr.. Minor
resumed his argument on the same gen.
eral lines, and in pressing his point upon
the court quoted a number Of other au-
thorities in addition to that of the Mo-
lineaux trial.
The judge took ocCa sion in the course
of the argument to explain his ruling un-
der the point in question. stating that he
admitted the evidence OF the physician
result of professional diagnosis un-
der the circumstances was tenable.
The attorneys for the defense contro-
verted this position. stating that without
confirmation or confederation by testi
mony from the subject Of the diagnosis
the testimony should have been rejected.
Mr.. fuckers Address.
Following Mr.. Minor. Mr.. c. c. Tucker.
also of the defense, began his argument.
After reviewing the testimony of the case.
where exceptions were noted during the
course of the trial. he lodged the greater
part of his argument upon the same point
which was called to the attention of the
court by his predecessor In addition to
the circumstance related by DR.. Glaze
brook in his testimony an incident related
in the testimony Of another witness COM
ing under the same point was attacked.
In presenting his argument Mr.. Tucker
cited numerous authorities and concluded
his argument by attacking ''hearsay' tes-
timony. and the courts ruling in the
prayers presented and accepted on the
part of the prosecution.
Assistant United States Attorney Proc
tor was making his argument on behalf
of the prosecution and against granting
the motion for new trial when this re-
mort clOc1A