Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-02-26
ACCUSED Of SELLING
Al!J[TERATED MILK
Court Overrules Motion to Quash
Information Against
John W. Gregg.
Judge Pugh to Instruct Jury in Test
Case That Product Was Del
eterious to Health.


eterious to Health.
Overriding motion to quash the in
formation against John W. Gregg, a milk
dealer, charged in a test case in Police
Court today with selling milk alleged to
have been adulterated, lin that 1t did
consist in whole or in part of filthy. de-
composed and putrid animal and vege-
table substances" in violation of the pure
food laws, Judge James L. Pugh said he
would instruct the jury that it must find
that the milk was deleterious to health.
When the case was called today At
torney Matthew L. O'Brien, who. with
Attorney Henry Davis, is appearing
for the milk dealer, Immediately flee
a motion to quash the information on
the ground that it was not charged
that the milk was deleterious to health.
Attorney O'Brien Immediately referred
to the decision of the Supreme Court
of the United States, rendered several
States against the Lexington Mill an(
Elevator Company. more Familiarity
known as the "bleached flour" case.
Cites Court Ruling. :.
Taking that decision, Attorney O'Brien
said that the Supreme Court had held
the statute upon its face shows that
the primary purpose of Congress was to
prevent injury to pubic health by the
sale and transportation in interstate COM
merce of misbranded and adulterated
food. The legislation as against mis-
branding Intended to make 1t possible
that the consumer should know that an
article purchased was what 1t purported
to be. that it might be bought for what
it really was, and not upon misrepre-
sensations as to character and quality.
AS against adulteration, the statute was
intended to protect the public health
from possible injury by adding to articles
of food concealed poisons and deleteri-
Gus substances which might render such
articles injurious to the health of con-
sumers.''
By this decision Attorney CBrien
argued that the government must specify
in the information that the alleged adui-
teration was injurious to health.
Prosecutions Please.
United states Attorney Clarence VIII
son, who, with Assistant United States
Attorney Ralph Given and Special As
sistant United States Attorney Cobb, is
prosecuting the case, argued that the
'tbleached -four case was tried under an
entirely different section of the pure food
act and said that the milk case was
brought under another section OF the act.
Attorney Davis then took up the argu-
ment and also contended that the govern
ment must show in the information that
the alleged adulteration Of the milk was
injurious to health. He said that the
law is very precise, and that the act says
in effect that one may sell drug, II the
label tells what it is. saying further that
it does not have to meet the standard.
Tbo
the defendants, was on the following
grounds: Because the Information IS
vague, indefinite, uncertain and rails TO
charge in law an offense against the
United States.
Because said information and the bill
of particulars filed by the government
fails to charge that the matter alleged
to be an adulteration of the food alleged
to have been offered for sale by the de-
PENDANTS caused said food to be INJURIOUS
to health or that it was unfit for food or
that it was the product of diseased
animal
Judge Push denied the motion. saying
that he would instruct the jury that It
was injurious to health.
Inspector First Witness.
Harry s. Lucas, an inspector of the
health department of the District of Co
lumbia, was the first witness. He testi-
fled that June 5, 1912. he purchased bot
tie Of milk from Mr. Gregg. He said he
tuprned the bottle over to DR.. Louis b.
Dieter. assistant bacteriologist of the
health department of the District OF Co
lumbia.
DIR. Dieter then was called to the stand
He testified that he was assistant bac,
teriologist of the health department, and
said that he was a graduate IN phar-
macy. Attorney O'Brien objected to Dr.
Dieter's testimony, taking the stand that
he had not qualified as an expert
was graduate in bacteriology and when
informed that he was not. but that MS
experience had been gained in the labora-
tory of the District health department
Mr.. O'Brien again declared that the testl-
mony was not admissible, as he contend
ed the witness could not testify as an
exrert. Dr. Dieter was testifylng when
recess was taken for lunch
The case on trial is one OF ll9 lnior-
nations that have been filed IN Poiice
trict of Columbia for alleged violations
IF the pure food laws. These informa-
tions are charged against tifty-eight milk
dealers.
Plan for Legal Fight.
The present hearing is test case ana
the attorneys who are representing MT
Gregg for the Milk Dealers Association
dec,are that in event OF a conviction they
intend to take the case to the DISTRICT
Court of Appeals and if that tribunal
r,,les against them to appeal to the SUI
preme Court of the United States.
Informations against the milkmen were
issued last July. Attorneys for the deal
ers resisted prosecution in Police Court
ON the ground that the court had not Jur-
isdiction, according to the food ana drug
act of 1905. Recently however; nne
Conrt of Appeals designated the Police
Court as the proper tribunal in which to
hear the cases.
GIRLS RESCUED FROM FIRE.
Male c+udanfs Save Goods at Gam