The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1915-04-06
DIR. KEMP FREED
ON TECHNICALLY
CONTINUED FROM PAGE ONE

CONTINUED FROM PAGE ONE
nearby restaurant for dinner. and spec.
tators returning to the courtroom before
the expiration Of the recess were greeted
with the strains Of Nearer, My God, to
Thee" in close harmony. issuing from
the jury room.
l. At $50 o'clock, nearly five hours after
the case first had been turned over to
the jury. It was announced that an
agreement had been reached, and a few
minutes later the verdict of mot guilty
was brought in. Judge Pugh thanked
the jury and discharged them.
Grants Prayer. Of Defense.
Before the arguments commenced, the
court granted the following prayers for
| instruction to the jury, offered by coun-
sci for the defendant:
You are instructed that. in order to
f1nd the defendant guilty, you must find
| from the testimony. beyond a reasonable
doubt each and every one Of the follow
ing matters:
A-That the defendant furnished to the
witness. Mccain. morphine as charged
in the information:
B-That at the time, or times Of being
furnished morphine by the defendant. the
said Mccain was addicted to the use or
morphine;
C-That at the time Of furnishing NOR
phine to the said Mccain the defendant
knew, or by such inquiry as a reasonably
prudent man would have made under the
circumstances might have known, the
said Mccain so to be addicted to the
uss of morphine, and
D-That morphine was so furnished
by the defendant to the said Mccain,
not for the treatment of disease or
injury or deformity.
And, il you fail to find any one of
these matters from the testimony. be-
yond reasonable doubt, your verdict
should be not guilty.
You are instructed that by the ex-
preston person addicted to the
use of morphine is meant a person
who Is devoted by customary practice
to such use, one who habltually uses
that drug. and not one who makes an
occasional or exceptional use there
of. and that, unless you find from the
testimony, beyond a reasonable doubt,
that the witness, Mccain. was at the
times mentioned in the indictment ad-
dicted to the use of morphine as thus
defined. your verdict should be not
guilty.
Must Know of Addiction.
You are instructed that. even though
you should find the witness (McCann) to
have been addicted to the Use of NOR
phine, as defined In the preceding con-
struction. you may yet not find the de-
PENDANT guilty unless you also further
find from the testimony beyond reason
able doubt that the defendant knew. or
by reasonable inquiry, as that term has
heretofore been defined. might have
known such to be the fact
You are instructed that, even though |
you should find from the testimony the |
witness CMcCann) to have been addicted |
to the use of morphine. as heretofore |
defined. and that the defendant furnished |
morphine to the said witness as alleged, |
you may yet not find the defendant |
guilty. unless you also further find that |
the defendant did not so furnish the same
to the said witness for treatment Of his
addiction to such use"
Judge PughN I'm his charge to the Jury
,tudiously refrained from reviewing the
facts or favoring either side. He re-
stated his ruling that the jury must be-
ieve the complaining witness to be an
addict" In order to convict. and must
accept the definition offered by the de-
tense OF the term addict"
Williams Addresses Jury.
Mr. Williams. for the prosecution. ad-
dressed the jury. in part. as follows:
Search this case as you will. The de-
ense is up to you for your consideration.
lot one single affirmative issue has been
,laced before you I challenge Mr.. Davis
md Mr.. Capers, Mr.. Forney and Mr.. Per-
Tins singly and collectively. to stand be-
ore you and say that one thing they
lave alleged to you Is an Affirmative de-
ense.
"On the contrary. Mr.. Davis has ap-
feared before you and has found fault
egatively in this case; the law Is a nom
Intelligent law; the law cannot be trans
ated by an intelligent citizen: the wit ,
esses are this. that or tho other; the po-
Ice officers failed to do their duty.
Gentlemen. I say to you that that ,
tatement besmirches more the character
( him who makes it than the one about /
Thom it is made. I and Mr.. Taggert ,
re here to protect the citizens of this
so far as we may against 4
hose who would offend another in prop
rty. in their rights. lr
Drug Law Explained.
Mr.. Davis has read you this law {
ere. that no physician In the District T
( Columbia, knowing from reasonable /
INQUIRY that any person is addicted to i
he use of cocaine. morphine. etc. shall 4
urnish to or for the use Of such person
r prescribe for such person the drug I
foresaid to the use Of which such per-
on is addicted or any compound thereof.
kept as 1t may be necessary to pre-
rribe such drug for the cure Of drug
provided that no physician
hall be convicted for the cure of drug
1diction and acting in good faith
hen he furnished or prescribed such.
Now, gentlemen, where is this good
nth? Bellinger comes into this mans
ice with Mccain. What does he say7
Lello, Doc. We want some of the Y
,pe' What dope?' Cocaine
"T haven't got any We have to r.
ave something
ct won't give 1t to you. 1t is too Il
angerous.' I
Won't you give me morphine as a h
lbstitute?'
"T will see about it. Come back to- a
orrow night
Mccain, how much money have Il
,u got?' Il
81 have got $500 Il
" There Doc. is IS. How much can n
Q get for that? We ought to get a p
,od deal; we ought to get 100 half Il
ain tablets a
"'I will do the best can for you: Il
win get as much as I cant will sell
VI the highest quantity I can for IS. '
H.