The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-25
Jury Instructed TO Return Yer
dict of Not Guilty in Rey-
nOIds Trial.
CITY FOOD COMMISSIONER
IS GREATLY DISCOURAGED
Repeated Adverse Rulings of
Judge Lewis Take Heart Out
of Authorities.

Another verdict Of not guilty was re-
turned by jury in Judge Lewis's court
in pure food case on Tuesday y. u.
Reynolds was charged by the city food
and dairy commissioner with selling
watercd milk. He was convicted in the
police court and appealed to the district
court AZ tho trial Tuesday the evidence
showed that the deputy food commission
er took a sample OF milk from Reynolds
and paid for IL. and when 1t was ana
lyzed it was found to he watered
The attorney for the defense moved
the court 10 instruct the jury 10 return
verdict Of not guilty. because the city
had failed to prove that there was a, sale
OF the milk. Judge Lewis granted the
motion and in doing so said that the
mere fact that the officer took sample
OF the milk and paid for II as he was re-
quircd to do under the city ordinance
did not constitute sale at all. 8 the
officer merely acquiring the milk by
condemnation under the ordinance.
After the verdict had been returned by
the Jury, Assistant City Attorney Daily
asked that all OF the pure food cases
now pending on appeal be transferred to
another judgc for trial. but his request
was denied. He then asked the dlsmis,,,
sal Of the following cases. which are all
charges OF violations OF the pure food
ordinances: Salt Lake CITY VS.. Clyde
Gordon; Salt Lake City VS.. the Jensen
J. Schneider and C. w. Llstman The
motion was granted and they were DIS
missed.
Frazier Is Discouraged.
Walter j. Frazier, food and dairy com
missioner for Salt Lake City said after
the ruling OF Judge Lewis that he and
his associates were greatly discouraged
by the failure OF the prosecutions In the
unwholcsome milk and food cases.
1--WE are discouraged to the point OF be
ing Disguised" said Mr.. Frazier, and
VIC scarcely know whether or not IT VIII
be any use TO proceed further.
Not long ago We arrested n man
named Thomas Politz for offering for sale
wormy walnuts. l bought pound OF the
nuts. and 75 per cent, at least; / found
TO be wormy. mIldewed or shrivelcd mp
and shrunken. In our estimation they
were unfit 10 be eaten.
"This case went to jury and we Sc
cured Il conviction within ten minutes.
In this case. however, Judge Lewis
granted n new trial on the general
ground. j understand, that there was no
was no evidence that anyone had been
made sick by eating walnuts that were
worlny. mildewed and shrunken:
"B. w. Merrill was arrested for selling
tained number of objections in this case
that appeared 10 us TO indicate that ne
was hostile, He sustained one objec-
tion declaring positively that Mr. DAILY,
until Mr.. DAILY showed him decision by
the supreme court Of Utah In an identical
case. In this case n jury brought In n
verdict OF guilty within very few min
utes. 7 understand a stay OF thirty days
has been granted in this case, pending
preparation for an appeal.
Calls i'll Mere Technically,
"In the case of Salt Lake against A.
Bunberg Judge Lewis threw us ont OF
court on what We deem the 1imsiest tech
nicality. I.unberg han delivered milk to
Mrs. Torsenson, 1872 South Ninth East
for some time. On the morning OF July
30 Dr. IT. w. Stevenson was called In
to attend q sick child. Mrs. Torgenson
showed The doctor bottle in which
there was still some milk, which had been
delivered on July %. There was sediment
in this milk. Il lot of II. While the doc
tor was still at the house LunberS 5
driver delivered another bottle. The doc
tor looked at this and found sediment
i'm this also, lie advised Mrs. Torscnson
not to accept il, and she gave IL back
to the driver
In this case we alleged that the milk
had been produced outside the city and
brought into the city. 1t appeared, how
ever, that the milk was produced inside
the city limits-a few rods within the
line. The court instructed the jury to
bring In a verdict of not guilty.
1.-THE case today has convinced us that
it is practically useless to try to convict
people who sell watered or impure milk.
| hope this case will be appealed, so thnt
we can find out where we stand-whetn-
or We have any law behind us or not,