Evening journal., 1913-10-02
BAKERS CASES
BEFORE COURT
Huber Hearing Proceeds A.
ter Defense Loses Legal
Point

George r. Huber was placed on trial
in the Court Of General Sessions to-
day on the charge OF selling a light
weight loaf Of bread, in violation OF a
state law.
William J. Mcknight. sealer Of
weights and measures. for New Cas-
tie county, was the prosecuting wit
ness, and said that Saturday, Aug. q,
he went to Mr.. Hubers store, on West
Second street and purchased loaf
OF whole wheat bread. IL was then
about IL o'clock, and about 3 o'clock
the same afternoon Mr. Mcknight said
he weighed the loaf of bread, and
found II to weigh twelve and a half
ounces, being three and half ounces
below the standard weight, provided
under the law. which is one pound.
To Philip l.. Garrett. who appeared
for Mr.. Mcknight testified he knew
the loaf was whole wheat flour. but
had not seen the flour.
Mr.. Garrett, IN opening for the de-
tense, said the defense would rely on
tie intent In the case. Mr.. Garrett
said Mr.. Huber. on August 81, baked
$4,000 loaves OF bread. He directed
his bakers to bake loaves which would
weigh one pound each. When Mr..
Huber was being examined regarding
the bread. Attorney General Walcoti
( objected. and Robert G. Harman. who
represented another baker. similarly
accused, argued that the intent enter.
/ ed into the case and that II the de-
{ fendant did not wilfully intend to VIC
/ late the statute then the case shoule
4 fail
Attorney General walcott argue,
that this offense is not one at com
mon law. and that points OF law quot
| ed by counsel for the defense did no
I apply in this case.
The State contended that the defend
ant in this case sold the bread and coul,
readily have weighed IL and found out i
il weighed a pound. The court said thai
in liquor selling case il is difficult 4
tell whether or not the purchaser is o
is not a minor. But in the ease Of sell
ling a loaf Of bread. il is easy 10 ascer
tain is weight. The court added that /
III were 10 permit intent 10 enter int
this case the statute would become nul
and void.
The State then rested and Attornel
General Chaytor sPid 20 the court tina
the defense had put in no evidence.
James salisbury then raised the con
;sttutionality Of the act, claiming IL
provisions were unreasonable and prohib
liti,e. nder the strict Interpretation %
the act Mr.. Salisbury said bake
lcould OF sell his stale loaycs of brcai
Ito farmers for food for their stock. MI
salisbury said that about fifteen year
ago like cases were before this court, bu
were not decided.
Chief Justice pennewill inquired tn
. weight of dry loaf of bread Mr. 6arret
r replied that Mr.. Huber said under cond
iions a loaf would dry out an ounce q
an ounce and half. Mr.. Chnytf
1 added that the bakers expect to put
enough dough to allow for shrinkage.
=, The attorneys for the other defer
I dants I'm the cases except Mr. Hai
4 man who represents the Frankii
A Cream and Baking Company said Z
new issues would arise The jul
later was sworn TO try Mr.. Ha
~ mans case at te same time. Villa
J. Mcknight was called and testifi'
4 that on August % he went to Four
p and Franklin streets and bought
4 loaf Of bread. II weighed Is and
? quarter ounces When asked n n
D.. Franklin Cream and Baking Con
e pany is corporation. Mr. Harma
4 objected and the objection was su
e tanned. Deputy Attorney Generi
{ Chaytor said this company was cha
q tered at Dover but the charter hE
not been recorded.
George II. McGovern testified IN,
10 the best of his knowledge and bl
lief he Is not an officer OF the defer
dant company.
, Mr. Harman objected to any test
mony along this line.
! Mr.. Chaytor said the defendai
company has put I'm an appearans
In this case.
: The court held the corporate
! must be proven and refused TO alIo
. the State to prove the incorporate
/, except by the proper form.
= The State entered nOlle proseql
/. in the case OF the Franklin Crea,
and Baking Company. The jury wa
excused until 2.3O o'clock.
i In the Franklin case Attorney Gel
/ eral Wolcott said the grand jury hs
ignored a bill sent in by the Sta
t. charging George II. McGovern wit
A selling a light loaf.