Evening journal., 1914-02-18
FINE HIM FOR
OPIUM USE BUT
TAKES APPEAL

Charles Miller, colored, was before
the City Court today, charged with
violating an ordinance governing tho
sale and use Of opium. Special Of
ficer Frank Green, who was in a po-
lice squad that raided Miller's Ken
nebec' street house, on Saturday
night, and recovered opium, testi-
fled TO the seizure. He said he found
opium pipes, a lamp, a needle, such
as is used in rolling the opium pills,
and mixed opium and a number of
other things, in the house. He also
found Clarence Dutton in the second
story room, where the opium fumes
were very strong.
To Philip l.. Garrett, the witness
said Miller had said he had smoked
opium for ten years. Mr.. Garrett
then said his defense would be that
Miller has and does smoke opium
In his own room, but does not rent
the house for that purpose.
Judge Churchman read the ordi-
nance covering the setting up of the
opium where others may use It.
Officer Green, upon being recalled
said that q woman named Lille Bass
had been in the house. He served a
subpoena on her, but she failed to
appear today. Green said he had
seen the woman look out Of a front
window Of the house an hour before
Miller was arrested.
DR.. Frank Roop Smith testified
that he had analyzed part of the
substance recovered in bowl in the
room. He said it might be called
opium and the substance showed
more than eight per cent. of opium
To Mr.. Garrett DR.. Smith said
opium is derived from the POPPY
plant. He said laudanum is practically
water with ten per cent. of opium
added. The doctor said the sub
stance found in the Miller house
seemed to be ordinary laudanum with
{ alcohol and water evaporated from
It.
Lottie Satterheld. colored, testi-
fed that she saw Miller put the bowl
on the stove, set fire to the sub.
stance and burn some of II off by
evaporation. Witness said Miller
would do this about three times a
week and that he slept the greater
part OF his time Witness said ht
told her the preparation was fol
catarrh She said she heard Miller
cali Clarence Dutton on Saturday
night to get coal oil. The girl said
Miller never asked her or any one
else In her presence TO use the prepa-
ration.
larence Dutton said he was in
Miller's room after going errands for
the man. He said he had never seen
Miller use the pipe and knew nothing
about the opium lay out. Dutton de-
nied that he had ever smoked the
pipe or that Miller ever asked him
TO do SO.
The State then rested and Mr. Garrett
asked that the case be dismissed. Later
he wit cw his motion and Miller was
placed ON the stand. He testified that he
has used one Of the pipes since 1908 and
/ has not allowed anyone TO see him. lie
used laudanum and prepared the ma
terial for the pipe. He admitted that
ie Ind not bought opium for sever
months when he got Il in philadelphia.
Miller WAS examined at length as q
how the pipe IS Tit He denied TINT
any person hut himself had ever uset
the pipe IN his house.
Judge Chmchman said the ordinanc,
sets forth TINT any man who set up Q
device where opium may be used, etc.
is guilty under the law. and he believed
the ordinance covered the case.
Mr.. Garrett argued that there was me-
testimony that the outfit had been usef
,bv Others Judge ChTchman reviewed
the testimony regarding the burning Of
iof the laudanuw and leaving the opium
lin the howl. The opportunitv Is pre-
lsentei and others could use the opium
lThc device was there so it could he use'
III the opportunity presented itself, an'
laccordinolv Miller was adiud"ed guilty
lof violating the ordinance. A fine Of S5I
and costs was imposed.
Mr. Garrett gave notice of appeal t.
the Court Of General Sessions.