The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1913-11-03
Prosecutor Insists Thorough In
CURRY ID Needed to Show Hol-
lowness of Charges
CAN'T RUN OFFICE ANY
DIFFERENTLY, HE SAYS
Defends Course in Barnett Case
and Failure to Prosecute Al
legged Medicine Faxir

commissioner. and Harry M. Nimmo
editor OF the Detroit Saturday Night
winch the governor has turned over
70 Attorney-General Fellows.
Mr.. Helme complained to the gov
ernor regarding the procedure against
Ala. Barnett, acquitted last week OF
the charge Of operating a drug store
Without licensed pharmacist. The
prosecution was conducted by Warren
>. stone, prosecuting attorney OF Ma
comb county, and Assistant Prosecutor
Harry koidan, Of Mr.. Shepherd
stan. Justice Jeffries decided that
mere were no grounds for prosecu'
ton, and discharged the alderman
The case was brought In connection
win the state pharmacy boards cru
sade against the illegal traffic IN
drugs.
Mr.. Nimmos complaint was based
on Mr.. Shepherds refusal to proceed
against Charles A. Barnes, manufac-
tcrer OF nostrum sold as a cure TO,
tuberculosis.
me prosecutor, In mis- letter to the
governor, says that the case against
Aidi. barnett was conducted strictly
along lines recommended by the state
pharmacy board. In the other matter,
ne says that there was absolutely no
chance for conviction.
Il do not know whether the Gilman
case has anything to do with these
complaints" said Mr.. Shepherd. Sat
ufoay. Il have a strong suspicion
that there Is a connection, but I have
no evidence to show 1t.
My record as prosecutor shows
that | have consistently made war on
Quack doctors, and you may be sure
That II there was the slightest ground
on which to base successful case
against Barnes, it would have been
started. Barnes brought suit against
Nfmmo as the result Of cer-
tain things that Nimmo published
about him, and Nmmo begged and
pleaded with me to do something but
Il could not lend my Office to any such
action unless there were sufficient
grounds for successful prosecution
In the other matter. gave the phar-
macy board all the aid which II ask
I'd. was perfectly satisfied that the
case should be conducted according
to the boards own request. Perhaps
my error lay In not suggesting that
Helme himself conduct the prosecu-
tion. understand that he claims to
be lawyer
The prosecutors letter follows:
November LIST. 1913.
Gov. Woodbridge n. Ferris,
Executive Office,
Lansing. Mich.
My Dear Sir In the matter regard
Ing my removal from office which you
are reported to have made public yes
terday, find myself unable to escape
the conclusion that in justice to my
many friends who have confidence In
me and TO myself, the affair should be
a. Ia -.
such an Investigation as will enable
you TO announce definite results. You
will readily appreciate that, as you
stated in the newspapers OF yesterday
the thing is left very much in the air
and l and my friends feel that to leave
IL that way is doing me a great injus-
tice
The facts concerning the two COM
plants you received are a; this time
II course, familiar to us both. and /
need not go over them here. Mr..
Helme's complaint. seems to me moth
Ing less than ridiculous after / fol-
lowed his instructions and appointed
special prosecutor of unquestIoncd
capa biiities, although in nay own heart
resented Mr. Helme's insinuation
that l was UNIT to prosecute the case.
Just where ! can possibly he to blame
In that matter l simply cannot under
stand. Mr.. S;mmo.s complaint Is SO
mixed up with personal malice on his
part. also with a desire to protect
himself in the libel suit which this
man Barnes now has pending against
him, that It is. difficult to give II. its
AZ m naas Of fas ma sens ssman
e: err question that a man ever
$4,000 cases year and not make some
that made a mistake in the Barnes
case, for l and my assistant gave IL
very thorough consideration, as we
were particularly anxious to capture
this man Barnes for two reasons:
First. that we were very proud of our
record In handling the quack doctor
Just as complete as possible: and the
second being more. personal. namely,
that I had very friendly feeling to-
wards Mr.. Nimmo and Mr. Orr OF the
Mr.. kcidan, was a hoyhood friend OF
Mr.. Nathan, OF the same paper, ano
assure YOU there was no reason. pc:
want to protect Mr. Barnes for
moment. as neither Of us had ever seen
him, and do not know. even now that
he Ia a citizen OF Michigan.
do know that the analysis OF the
dope he is selling shows that when he
obtains Ave dollars a bottle for the
same. and patients taxe II hoping to
be cured OF tuberculosis he Is prov
Ing himself curse to the community,
and there In no man I'm the state WHO
munity against such fellows than my
self. and offer as evidence Of that
the work I have done along that line,
but have to recognize the fact that
we are not living in Russia--that we
are living In America-and / must
have Mt least some semblance OF legal
authority before + can proceed, and
and my assistants concluded that we
had no semblance OF authority In the
case of this man Barnes AS matter
OF fact I should have been very glad
TO have assisted Mr. Nimmo in his
damage suit IL could have done s,
and kept within my oath and the
statutes OF this state
Your reported charge. that you do
not desire Ito kick a man when he Is
down." and that whether or not you
will remove me depends upon my fu-
ture conduct OF this office, and tina {
these assertions are based upon these
two complaints that you have. arc
altogether too serious for me to pass
unnoticed, because II you follow out
to the letter those statements, sooner
or later I must he removed. for under
this office in any other manner than I
have conducted IL since took held
Oct. 4. 1911 I have gone out entirely
beyond the requirements of the stu
tutes Of the state and my oath and
done police duty. and have expended
from my own pocket In the neighbor /.
hood OF one thousand dollars in doing
30. The result Of this is welI-known,
40 II was voluntary on nv part ard
not required by tho statutes OF this
state nor by my onth. but the COM
minity was Immensely benefited by a.
I have given all my time and energy
to the office. morning noon and night
7 have used my hest judgment In the