The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1916-10-05
Judge MuIlowny Declines to d.
rect Verdict Of Not Guilty In
S0uthWiCk Case.
NOT PROVED, SAYS DEFENSE
Attorney Smith Argues Act Ap-
plies Only to "Fake' Auc-
tons.

n a merchant Intentionally places an
exaggerated price on a garment and
marks II down to a lower figure for the
purpose of inducing patronage. he Is
subject to prosecution under the false
advertising law. Judge Mullowny indi-
Gated in the Police Court today, also
he overruled motion to direct verdict
Of not guilty In the case against Henry
c. Southwick and the Southwick Shops,
Inc.
After Isador Grosner and Louis Hirsh,
local merchants, had given expert tes-
ttmony on the value of palm beach
suits, and Constantine h. LaVigne was
recalled to identify a piece of clothing.
the Government rested in the case Just
prior to the noon recess.
Attorney Frank S. Smith. chief coun-
sci for Mr.. Southwick, then moved for
. directed verdict. He argued that the
Government had failed to introduce suf-
ficient evidence to warrant conviction
under the false advertising law. He
said that the law was directed speciti-
cally at auction sales, where Jewelry
said to be gold Is not actually gold
and where inferior stones are sold act
ually for diamonds.
Declares Charge Not Proved.
Mr.. Smith argued that an exaggera-
ton of values was not a misrepresent-
ton Of fact and that the Government
had failed to prove that the defendant
had not actually sold the goods ne ad-
vertised at the highest figures shown
on the placards and signs.
Judge Mullowny remarked that the
purpose of the law was to prevent a
man from buying shirt said to be
worth $3.50 for $l.29, and when he go'
home his wife would say you got
stuck"
The court agreed with Attorney Smith
that 1t was a general custom for Iner-
chants to refer to a tie as silk tie
when 1t was made OF silk and fiber and
not actually composed only of silk
Attorney Smith took an exception to
the court overruling his motion to d.
rect a verdict of not guilty.
Describe Palm Beach Suits.
Isador Grosner, who said he had
been in the clothing business for thir-
ty-five years. testified that the Palm
Beach suit alleged to have been val
ued at $40 and $12 and sold for s4.S9
at the Southwick Shops, could be
bought at wholesale at a figure suf-
ficiently low to give the retailer q
profit when sold at S..
He said that the suit in question
stitching, facing, and trimmings. and
what is termed truck" by the cloth
ing trade.
Similar testimony was given by
Louis Hirsh, who said that he had
been a merchant for twenty-five years
Mr.. Hirsh said that merchants sell
ing Palm Beach suits at $40 furnish
ed a garment that was shrunk, sewed
with silk stitches and properly tall
ored.
He characterized the suit alleged to
have been bought at the Southwick
Shops as being inferior in workman
ship. trimming. and other details.
On cross-examination by Attorney
Smith, Witness Grosner, was exhaus-
lively quizzed as to the profit In
clothing. Before his answers were
made, Assistant District Attorney
Todd advised the witness that he need
not respond. In several instances he
took advantage of this privilege.
The defendant, Henry c. Southwick
is expected to be the chief witness
for the defense late this afternoon.