Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-12-23
Loses Big Point
in Horse Meat Suit

port stopped June q. The SPECIFIC
charge in question, therefore, was
groundless, he commended.
The Schwarz concern declared that 1t
had made two shipments to Holland
fifty barrels March I and 10S June q.
Judge Carrick belieyed the firms
statement that it was only expert
menting after June y to see If it were
possible, to prepare its products during
the hot weather.
one of the four charges against the
firm is that the plant was insanitary'
The specific dates of this charge are
from July % to August 3. Two others
are for having putrid horse flesh III
their possession for picking purposes
The other charge is hat it had nc
Strengthening license.
1t is the belief of George l.. Record,
counsel for the Schwarz concern that
since all the charges made are dated
later than June 81, and since Judge
Carrick ruled that they did not pickle
meat for export after that date, that
they will be victorious in all the cases
Judge Carrick's opinion in full fol
lows:
The. courts decision follows:
This action is brought for the pen
atty prescribed by the pure food act
Up. l.. 1907, c. 217), for the violation OF
section /, which forbids the manufac-
ture for distribution, or sale, or the
having in ones possession with intent
to distribute or sell, any article OF
food or drug which. under the provi-
sions of the act, shall be deemed to be
oduItaratad ar miS-bra uUed.
1.-THE specific complaint is that be
tween July 81 and August |, 1911, the
defendant had in it's possession, at its
place of business in Kearny, n. j., witt
intent to distribute and sell, a portion
of the carcass of a diseased cow. The
evidence tool a very wide range anc
at times seemed TO bear only remotely
upon the specific complaint under which
the jurisdiction of this court was in.
voked. The result, however, was tt
acquaint the court quite fully with the
business methods and processes o.
manufacture of the defendant, and OF
the whole the elaborate and careful
development of the ease by counse
has been most helpful in enabling mt
to reach a conclusion.
Sale Was Abroad.
1.-TWO preliminary facts of importanc
in determining the issue before IN
were established to my entire satisfac
ton. "a The preparation of pickle
meat was solely for distribution an
sale upon the Dutch market. There wa
no evidence which indicated that i
was ever the purpose of the defendan
to Distribute or sell the product in tn
| TT-sAAI Cfotae Yarard A. a1Gn a
proven that the only product prepare
for the foreign market was horse meat
While the c~arcasses of cattle came oc
~casionally into the plant they were USE
in the rendering portion of the de
PENDANTS business, or for sale to tn
Hillside Park Menagerie. which some
times bought the flesh of cattle to fee
to its animals.
"(2) 1t is quite clear, think, hat In
process of picking horse meat for tn
Dutch market was discontinued in tn
latter part of June. | shall not attemp
O review the testimony from whic
these conclusions are drawn. The
We're, however, satisfactorily corrobor
ated and fortified from differeD
sources.
Dealing now with the specific com
plant upon which the action i
| founded, | am entirely clear that no
only has the plaintiff failed to estab
fish its complaint, but by the grea
weight of evidence it is shown tina
the meat which was being put IL
pickle in the latter part of July, ant
which it is alleged was a part of tn
carcass of a diseased COW. was II
reality horse meat.
cit was not in process of manufae
ture for food, but was being used \
an experimental way. by employees q
1.-the defendant, to ascertain whether (
were possible to pickle meat In IN
hot weather under conditions prevail