Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-16
INSISTS UPON JAIL SENTENCE
PRESIDENT RoosEvELT'S SUG-
GESTIoN IN HARPER CASE.
Urges That an Example Be Made in
the First Conviction Under
Pure Food Law.

president ROoseVent today requested
District Attorney Baker. who was sent
for by him. to press hard before Judge
kimball of the Police Court for Il jail
sentence for Robert n. Harper, who has
been convicted of selling a headache
remedy in violation of the pure food
laws. The President takes the position
that Imprisonment for Mr.. Harper who
is wealthy and prominent man Of this
city, will have beneficial influence
throughout the country in putting
stop to similar violations of the law.
especially as he is said to be the first
man convicted under the operation of
the pure food law
Mr.. Harper's case was brought to the
attention of the President by officials of
the Department of Justice and several
others who are interested in the enforce
ment of the pure food law. and the Presi-
dent promptly sent for Mr.. Baker. MAX
ing the request that he use every in
f1uence with the police Judge who tried
the case to have a jail sentence imposed
That MI. Harper is president of the
Chamber of Commerce of Washington and
of the American National Bank the Presi-
dent believes should have nothing to do
with leniency in the way of fine. Under
the law the penalty for the offense is a
fine of 500 or six months in Jail, or both
Assumes Responsibility.
According 10 those who have made rep
reservations on the subject to the Presi-
dent. Mr. Harper compounded the prep
aration. with his own hand, and then
neglected to inform purchasers of the
medicine of it's alleged dangerous char
acter. 1t is alleged that he does not at
tempt to place the responsibility on some
fy-Nn Ill. ,1,%,-. 70
1t is further charged to the President
that the bottles of medicine contained the
phrase. Guaranteed to contain no
morphia nor other poisonous harmful
substances" when the evidence is said
to have shown that every important in
gredient was either poisonous or harm
full. The medicine was also labeled
brain food when it contained, accord
ing to Mr.. Harper's accusers. no .nourish-
ment Of any kind for the brain or other
parts of the body.
The trial was the first Of the kind held
In the United States. and the President
desires an example made for the benef1t
of other violators of the law throughout
the country. He is said to believe tllat a
Jail sentence will be deterrent and have
more effect toward inslring respect for
the pure food and pure drug law than
many prosecutions of persons Of lesser
influence and wealth.
Bill Of Exceptions Filed.
The bill Of exceptions to the verdict in
the trial of Robert n. Harper, convicted
last week by jury before Judge kimball
of the Police Court upon the charge of
manufacturing and selling a misbranded
drug. was filed with Judge kimball by
Messrs. c. c. Tucker and Benjamin F.
Minor Of counsel for the defense late
this afternoon.
The bill Is Of a voluminous character
and notes exceptions to a very large part
OF the testimony as restricted by the rul-
ence to that given by the experts, the
testimony of druggists and the great re-
0rfctions placed upon the stories permit
ted to be told by lay witnesses.
An exception is also noted to the re-
fusal of the court to allow long jury
panel to be drawn. and compelling the de-
PENDANT to go to trial before the regular
police court panel of twentysix men.
This exception was the first one noted at
the commencement Of the trial.
Exception is also taken to the rulings Of
the court in the granting of certain pray
ers of the prosecution, especially the first
PRAYER which it is stated. limited the
jury's deliberations to the narrowest pos
sible bounds. Exceptions are also noted
to the courts refusal to grant several i'm
portant prayers Of the defense. For the
same reason. portion of the charge to
the jury Is objected to.
Time Required.
1t will take some time for the court to
go thoroughly over the bill of exceptions.
and in consequence II is believed that the
defendant will not be presented before
the court for sentence for four or five
days at the least. and possibly week
Since the rendering of the verdict United
States Attorney Baker and his assistant.
Mr.. Proctor. who occupied a prominent
part i'm the prosecution of the case. have
received a number of congratulatory
messages upon the outcome of the trial
by persons who have followed the case
closely since its beginning and those in
terested i'm the pure food and drugs act.