Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-10-26
BLOW FOR NEW LAW.
Jury Acauits Firm who Used Scales
Condemned by INSPECTOR.

By a jury which needed less than 10
minutes to reach decision Monday
afternoon. the firm OF &. II. Bessey 81
Son, druggists were acquitted of the
charges preferred against them for a
violation OF the weights and measures law
made az the result of visits to their store
of Inspectors Moher and A. s. Fleury q
few weeks ago. The questions involved
were purely technical and no attempt
was made by the prosecution to show
that the firm had. either Intention
ally or unintentionolly, dofrauded any Of
their customers.
The jury was the first to be empanclied
in the court for many months and the at
torneys agreed upon five men. G. a Bar
her. j. W. Jones, f.. e. Perkins, IL l..
Hutchinson ana y. a. Bcro Attorneys
NJ. G.. Lcary and r. L. Brown appeared
for the defense and Grand Juror 5. X.
Moulton had charge of the prosecution.
A number OF witnesses were Introduced
by the state, including a scale expert
from st. Johnsbury and tw" inspectors,
SO that the trial occupied the greater part
Of the afternoon. The scnles were con-
dcmned and sealed at a visit OF Inspector
Flcury several months ago. but In tile
belief that they were accurate the pro-
pretors OF the store had continued to use
them.
Mr.. Moher FIRST took the stand and tes-
titled that he had purchased a quarter Of
n pound of salts at the store and that
the article was weighed with tho CON
demned scales. No testimony to show
that tho purchase did not weigh correctly
was introduced
Following him. came the testimony Of
Mr.. Fleury. who did the condemnlnE. The
scales were placed so that the jurors
could watch the operation and he en-
deavored TO show why he placed the seal
on the scalcs 1t developed that when
tho Weights were placed anywhere near
tie center OF the pans, correct amount
vas Weighed. but when one was placed
So as to tip up the pan the scales were
locked" so that It took considerable
pressure to move them. This. however.
would not lie an operation that any intel
ligent purchaser would he likely to stand
for. and even If it were practiced, the
merchant would be as likely to he de-
frauded as the customer. In fact. in all
of the experiments performed by Mr..
Fleury, such was the case one of the
pans was found to he slightly heavier
than the other, but for many years this
evil had been corrected by placing
papers under the lighter one.
r. K Laughlin. an expert scale tester
from St. Johnshury, testified next and he
showed how the scales might ho MADE to
weigh correctly, if the .orekeeper We're
so disposed.
Max G. Bessey was tho last witness and
he testified that the scales had always
had the paper under one of the pans TO
make them weigh properly.
In the arguments the attorneys FOR both
sides occupied the time with the technical
points Grand Juror Moulton said that
the question was not whether or not the
weights were incorrect, and that the hon
esty of MIR. Bessey was not questioned.
The State. however, had gone to the ex-
pense of a commission to determine what
scales were correct and upon that point
he rested the question as to whether or
not the Bessey scales should he used The
placing of paper to make them balance
was evidence that they were incorrect.
The attorneys for the defense main
tanned that when the scales were properly
used they were accurate and that was
the intention Of the law. Any set of
scales might be so manipulated that they
would be incorrect and the same was true
Of the scales in question
Within 10 minutes after the close of
the arguments the jury. through its fore
man, g. a. Barber, reported a verdict of
not guilty.