The Washington herald., 1915-04-03

Judge Pugh. however. ruled in favo
of the contentious OF the defense statet
in arguing the motion. to this extent:
| i. That to prove violation II would b
necessary to prove the complaining wit
ness an addict Of the drug prescribed
sold. or dispensed by the defendant. ant
2. That the definitions presented by Mr.
Davis in citations Of legal precedent
would have to determine for the jury
whether, in view of the evidence. thu
complaining witness was or was not ar
addict.
The case will be resumed Monday
morning. when the prosecution probably
will offer witnesses in rebuttal, and thu
defense may offer further witnesses be
ments to the jury.
Pharmacy Inspector Examined.
! Pharmacy Inspector Sanders, whit
Checked up on Mccain on the second
two occasions when Kemp sold Mccain
Corporation Counsel George r. Taggart
Counsel for DR.. Kemp waived cross-ex'
| animation.
! The testimony touching upon Sanders
connection with the second two sales OF
morphine to Mccain is as follows. com.
mencing with the visit upon which DR.
Kemp delivered the second Of three bot
ties of morphine to Mccain:
Q. When did you see him again after
that?
A. We Islanders and Detective Evans)
of the 9Th. at the public convenience sta
ton at the east side of Franklin Square.
Q. What did you do?
A. There We removed his coat and each
of us searched him there, and went to
DR.. Kemps office.
Q. OF course, Evans was with you
when this occurred?
A. Yes, sir.
Q. Then what?
A. I saw him 80 into DR.. Kemp's office.
Q. How long did you remain in there?
A. He remained. I presume. about fif-
teen or eighteen minutes.
Q. Where were you in the meantime
A. 1 was on the south side of Massa-
chusetts 4venue, near the intersection
Of Fifteenth street
Q. Where was Evans?
A. He was across Fifteenth street.
q. Did you see Mccain when he
came out of DR.. kemp's office?
Saw Mc,ann Coming Out.
\. ] saw him when he came out; he
walked east along the sidewalk through
Thomas circle. down Fourteenth to Thir-
teenth street, out Thirteenth to L. We
dpptod nlnl ana got tnc DOttle
Q. Where was it that you approached
him?
A. At Thirteenth and l. streets.
Q. Did you search him at that place /?
A. He turned over the bottle containing
the morphine.
Q. What did you do with the bottle?
A. On the following morning I
turned it over to DR.. Lynch. chemist,
of the Health Department.
Q. Can you identify that bottle?
Exhibiting a bottle)
A. Yes. / can identify that as be-
ing the bottle ] took from him Feb
ruary 5, at the corner of Thirteenth
and l..
Q. When did you next see Mccain?
That is, after February .?
a. ! next saw Mccain on February
II, and Precinct Detective Evans and
myself met him at Masonic Temple.
Mr.. Sanders here related his knowl-
edge of a visit when Mccain arranged
with DR.. Kemp for the sale and deliv-
cry Of the third consignment Of NOR
phine.
Q. When did you next see him?
A. I made arrangements to meet him
the next morning. February Il. about $50
I was to meet him at Dupont Circle and
P street I met him about 10 o'clock
and went into the Dupont Pharmacy.
Q. Was there any one there beside
yourself?
A. I met Mccain alone that time. l
searched him in the drug store and then
came out.
Q. Did you get anything from him7
4. No sir.
Q. And he went to DR.. Kemp's Of
fee?
A. He went to DR.. Kemp's ONCE: I
followed him.
Q. That is. when you left the drug
store?
Doctor Entered Runabout
A. Yes. We went through the circle to
avenue. and east on Mas
sachusetts avenue. Mr.. McCann walking
a bout twenty or thirty feet ahead Of me.
and went into DR.. Kemp's office / sup
pose about five minutes after he went
in 1 saw DR.. Kemp come out and get
into his runabout, and about two or three
minutes after that Mccain came out.
.. Then what happened?
\. He took the north side Of Massa-
chusetts avenue to Thomas circle
through a little park do not know the
name of. TO Seventeenth street. I met
him on Seventeenth street south Of Rhode
Island avenue. and there 1 got the bot
tie of morphine.
A. l took 1t to the chemists Office, and
Is the doctor was not IN kept 1t until
he next morning
=. Did you mark the bottle?
A. Yes, sir. / did.
q. How did you mark it?
A. / marked my initials on it: ] dated
t; I think marked TX on It'll am not
ure.
Q. What did Lynch do with It the next
morning?
A. Took it and said he would analyze
I as soon as he could
.. Did he mark anything on il:
A. In my presence 1 saw him mark |
omething on it.
A bottle was here exhibited to tho wit |
ess, who continued:
Yes. sir; that is the bottle took from |
i'm.
Q. Did you know whether there was |
nything in these two bottles that you |
Identified a little while ago?
A. There We're tablets In them.
Bottle Is Produced.
Mr.. Williams at this point produced a |
ottle and asked the witness IL he knew
nything about this bottle.
A. / got bottle that looks like that |
rom Mr.. McCann on the evening Of the |
IN. That evening that he met US at the ,
ublic convenience station.
Q. What did you do with it?
A. That I turned over to the chemist,
Q. Do you recall when you turned It
yer to Dr. Lynch?
A. turned it over the following morn
49,. on the 9Th.
O Did Won nut anv mari m that hot