Evening journal., 1915-06-24
Farrell FINED S1OO
FOR COCAINE sale
Judge Churchman DiSmiSses
First Charge, AS Infor-
nation Is Defective
CONVICTED ON
AMENDED CHARG E

One hundred dollars and costs. the
highest penalty under a city ordi-
nance was imposed by Judge Church
man in City Court today on John
Farrell was arraigned yesterday.
guilty of selling cocaine
Farrell mas arraigned yesterday
but j. Frank Ball. his counsel, moved
TO dismiss the case on the ground
that the information was defective
Judge Chnrchman continued the case
today when he gave a decision dis
missing the original charge.
Iudge's Opinion.
Judge Churchman, in his opinion,
said
"The ordinance does not prohibit
the selling of cocaine generally; IL
prohibits sales TO any person who Is
not within the following classes. A
duly licensed physician. duly IL
censed druggist or a person named IN
a written prescription signed by a
licensed physician
'The information In this case does
not allege sale u anyone. whether
in this excepted class or otherwise.
Il am quite clear that it was me-
cessary to allege in the information
that the sale was made to some per-
son in the excepted class.
80 The cause OF action Is
defective, as Il omits an Independent
fact absolutely essential to make out
an ononse within the rule which re-
uuires such a matter to be mega
tived
Farrel was then arraigned on an
amended charge which had been pre-
ferred against him, which set forth
that Josephine White, colored, did not
belong to any Of those classes to
which sales of cocaine can be made,
only by licensed physicians. only IL
censcd druggists or persons named In
a written prescription from a physi-
clan
Mr. Ball objected to the new
charge. saying Farrell could not be
twice placed in jeopardy on the same
charge judge Churchman ruled that
as the first Information had been de-
fective. Farrell had not been In
jeopardy.
The testimony given yesterday was
repeated Josephine White told of
being given two marked quarters by
Onicer j. c. Riley TO buy cocaine
She said she asked Farrell, at No. 2l9
Orange street. for two packages of
the drug and that he placed two
small packages on the table and then
she put the quarters on the table.
She said she did not see him take the
quarters.
The quarters were found in his
pocket Josephine said that Farrell
had gotten the drug from dark
,olored man, This man gave Farrell
box containing forty-two packages
and asked him TO keep it until he got
back Before this man got back Of
hcers Riley and Dutton arrived. Jo-
sephine admitted that Il was this man
.hat they were trying TO get.
Yesterday Josephine did not tell
OF having any conversation with Far
pell and Mr. Ball was surprised to
hear her say today that she had asked
Farrell for cocaine. He tried 10 shake
her testimony but she insisted that
she had not been asked the question
Yesterday that would bring out this
testimony She denied she had been
coached" by the police since yes
lerday
0llicials Scored.
Mr. Ball scored officer Riley for
giving Josephine the marked coin
with which to violate the law. saying
It was demorahzing for police officer
TO ask a colored woman on his dis
trici to break the law. so he could
get credit for an arrest He declared
mat the woman was afraid of the po-
lice
Judge Churchman said the police
had done In this case exactly what is
done Boy the police in securing evil
1ence In speakeasy cases.
Judge Churchman denied motion
made by Mr.. Bali 10 dismiss the
charge for lack Of sufficient evidence
and then imposed sentence.
United States Marshal Fairy lodged
. detainer Tor Farrell. which indicates
that the government also will pros
ecufe the defendant