The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-07-07
CASE ON TRIAL FIVE
WEEKS At KANSAS CITY
Jury Finds That Seized Flour
ll7@sWas Adu|teTated and
-s' Mlsbiandsd
lBy .Xssoclatedl Prees,s q, J

s (By Associated Press.) su.1
Kansas City, Mo. July I've,
the jury. find the flour seized was
adulterated.' * goaa fg e{
We, the. jury. find that tae flour
,eized vas, mishrsnded. a,as9 5l
These. two separate. verdicts were
returned in the Federal court here BY
tbe Jury which for more than, five
weeks has, listened to testimony for
and against the charge OF tAe govern
ment that 625 sacks Of floor, bleached
and sold by the Lexington Mill and
Elevator company OF Lexington
Neb.. and seized by the government
while in the possession OF the pur-
chaser, a grocer at Castle, Mo-, were
adulterated aud misbranded.
The verdict. returned after seven
hours deliberation, was complete
;ictory for the government, which
prosecuted the suit under the National
pure food and drug act
The government charged that the
flour, was adylterated in that 1t was
5feScheds by the Alsop process which
makes use, Of nitrogen peroxide In
bleaching flour Mi;branding was
charged In, that the flour, seized was
labeled a fancy patent flour and, the
government icontended, 1t was not a
fancy patent flour and, because it was
lot made from a first grade hard
winter wheat. m
Bruce Elliott, chief counsei for the
miiers, made the following state
nent after the jury had reported.
This case was not one that should
nave been tried by a jury. called
nersonally upon President Taft and
assured him all the millers, desired
vas fair trial OF the case. The pres
ldent assured me the millers would
| not be harried and that fair test
should be made Immediately there
litter, under orders of the attorney
| general. these seizures began In dill
ierent parts OF the country. We start
I'd out to defend the cases on the as
sumption that the government would
permit them to be tried before 4
referee. President Roosevelt ap-
pointd board OF scientific men Tor
| Just such purpose and the board
iaS settled many cases that came up
lnder the pure food law. such for
instance as the benzoate. OF soda
case But when this case came 70
rial the attorney general refused to
let this board act and insisted upon
jury trial
Attorneys for the millers will file
motion for a new trial within twen
" days. Arguments on 1t will bt
decided by Judge Mcpherson about
September /. II the motion Is over
ruled the case will be carried at once
! TO the circuit court, and probably vii
oe heard Ia December.
| Following the return of the yerdic
Leslie j.. Lyons, United States dis
.riet attorney. said: ,nals .g.g ia,
"The position of the government \
he ,bleached flour prosecution !
that the pure food and drugs act for
pids and condemns the adding of pois
onous substances to foods. The stat
ute reads that II shall be-, unlawfu
TO add any poison or any other dele
terious spbstances which may rende
foods injurious TO the health. Tn
construction the government puts o.
The law Is that any poison, no matte
how minute, is contrary to the stat
ute" As.s.
Millers say yyihatltkssl6eached flou
decision will handicap the farmers Q
the Southwest. to the extent OF fror
sl5,O0gA0iG to slS,0e0,000 a yea
, they Say the old differential of
, yenAs a, b,lshel in vogue in Chicag
and st. Lodls markets five years az
: before bleached flour came In, wi
soon appear again. They further sa
, that farmers of Missouri. Kansas, Oh
lahoma and Nebraska will lose
cents bushel on their present GRO
and that flour made from nard wintt
wheat soon will be selling at 20 cent
bushel less than at present. A
!, ready milers are considering the Q
tablishment OF bleaching stations
states where the use of bleached flo,
is not prohibited. Thus, they sa
they may avoid the interstate cor
d mcrce law. Big mills, whose pr
duct Is turned out in states whel
bleached flour Is illegal, may sh
their unbleachcd into the states whe
the sale of 1t is permitted, unload
at these bleaching stations, bleach
and distribute il in the state.