The Washington herald., 1915-04-03

w AkO1ll4 lin
in the machine with me and anothe
| young man whom I do not know.
Q. Did Kemp say anything?
A. He then had very little to say. bu
| after he got into. the automobile he aske
me several questions.
@. Connected with this case?
A. Yes. sir.
Q. What were the questions?
A. He asked me what the peaalt
was and what was usually done Il
sueh cases, and several things to tia
effect.
Q. That was on the way to tn
station house?
A. Yes. sir.
what occurred?
A They endeavored to arrange 70
a bondsman. While doing so d.
Kemp asked mo whether there Wa
any way this matter might be IKE,
up; whether he could put up collatera
and forfeit it. He said he would lik
to forfeit collateral. l told hin
that would be in the hands of tn
corporation counsel. and l could no
make any arrangements. He theI
asked me II could recommend leni
ency to the corporation counsel. H.
said he knew of other cases that haa
gone through by placing = small col
lateral and forfeiting II.
Q. Was anybody else present a
that time?
A. He was talking to me person
ally at that time. He also state,
that he was not guilty, and rathe
than have notoriety he would be Wiz
ing to forfeit the collateral.
Q. Can you recall anything els
that was said or done at that tim,
bearing on this case, after he went t.
the witness room, where he wa!
placed?
A. Mr.. Mccain approached hin
and asked him II he knew him, ans
he said he did not.
.. He said he did not know him?
A. Yes. sir: that's about as far a:
| can remember.
Precinct Detective Testines.
Precinct Detective Harry Evans. o.
No. precinct. followed Sanders or
the stand. His testimony was along
the same lines. and was corroborative
of that of Sanders. lie likewise iden.
titled certain bottles as those taken
from Mccain at the times stated by
Saunders.
DR.. II. L. Lynch. chemist of the
health department of the District
identified the three bottles which were
given to him by Saunders. Which were
marked So. SO and 81. containing, re-
spectively. 9S. 100 and 80 tablets In
his analysis he found they contained
one-half grain each of morphine and
sulphate. DIR. Lynch stated that the
bottles were kept. while in his Gus
tody. in a room adjoinin~ the labora-
tory. in a place provided for that pur-
pose, and were given to Sanders last
Friday.
Asks Verdict of Acquittal.
After the prosecution had rested its
case. Mr.. Davis, chief counsel for Dr.
Kemp. made his formal application to
Judge Pugh that the latter instruct
the jury to return Il verdict of &C
quittaL Mr.. Davis said, in part:
MAY it please your honor. l will
ask that your honor instruct the jury
upon the testimony in this case. that
they must render a verdict of not
guilty. This is upon two grounds:
First. that the act under which this
prosecution is held is superseded by
the subsequent act of March l, 1915;
and
Second. that it is essential to the
charge, under this act, that the per-
son to whom the drug was furnished
must be A person addicted to the use
Of that drug. and that there is not
sufficient testimony to show that the
witness here is such an addict.
Concluding his argument on the first
point. Mr.. Davis continued:
Now. with reference 20 the other prop
osition; that is. what is necessary In or
IN ;ly- nh
statute distinctly says that the person
doing it. the defendant here. charged
with doing it, is guilty If he. under GER
tain conditions. furnished to a person ad
dicted to the use Of a certain drug this
drug.
Must be Addict to Drug.
If man, being a cocaine addict. is
morphine. the person furnish
ing the morphine does not violate this
act; conversely. a man giving cocaine to
a morphine addict is not violating this
act. In order to find a conviction of a
violation of the law. the first necessary
thing to be found is that the person get
ting the drug is addicted to the use of
that drug. Has your honor noted section
lo?''
The court: Yes. I have It,
Mr.. Davis: Assuming cocaine addict
10 come to one and get morphine or any
thing of that kind, enumerated in the
act. he is getting something that has no
relation to his drug habit. and there
'ore to furnish one addicted to one drug
1 different kind of drug does not violate
he law
What is addiction is perfectly we'll set
led by the authorities. and by the courts
II the highest standing, including the Su-
1reme Court. Not only in drugs but also
N Nquors, etc. Thus. in the case of Rogers
IS. Milan. which Is reported in the Forty
seventh Pacific and also in the Fifty
18TH Kansas. the court finds addicted"
means devoted by customary practice.
Dir. Davis here cited a number of prece-
Tents tending to prove that Addiction
Involves slavery to the drug or beverage
ised. Many of the presidents cited arose
rom contests over insurance policies.
Mr.. Davis: You take what this man
estified about himself, and admitted hav-
ng testified to it before on Friday. He
estified as follows: He used the express
ion. Nothing steady" and he was ask
d about the use of the expression by
our honor. (Mr Davis reading.)
Court: What do you mean by the use
( nothing steady?''
"A. / mean I was not using 1t steadily
yer period of a year. mean 1 had
My started a little before that. I mean
mad not used 1t every day since then
steady amount. 1t is not necessary at
ines"
Reviews McCann's Testimony.
Mr.. Davis. continuing: The witness
ould not state how often he had used it. |
When he was interrogated he was asked |
state the extent to which he had used