Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-10-06
SOUTHW|CK GUILTY
IN FAKE AD" CASE
Fined $500 by Judge and Re-
leased on Suspended Jail
Sentence. .-
OTHER CHARGE DISMISSED

Henry C. Southwick. secretary and
treasurer of the Southwick Shops. in
corporated, was found guilty by jury
in Police Court this afternoon on a
charge of violation of the false adver-
Using law. The jury returned the YER
dict of guilty after four minutes of
deliberation.
Judge Mullowny assessed a fine of
$500 or six months in Jail in default
of the fine, in the case of the corpora
ton, and a sentence of sixty days in
Jail in the case of Mr.. Southwick per-
sonally, but suspended the latter sem
tence
Judge Mullowny explained that the
law provided fine of not more than
$500 in the case of firm corpora
ton. and an absolute Jail sentence in
the case of an individual, for each vio-
lation. He said, however. that as this
was the first case brought in the Dis
trict of Columbia under the new law
he would suspend the Jail sentence. Mr.
Southwick was released under bond
to pay the $500 fine tomorrow.
The case, which lasted three days,
has been watched with interest by the
merchants of this city.
MI. Southwick Recalled to Stand.
Mr. Southwick was recalled to the
stand when the case opened today for
the purpose of explaining the differ
ence between $40 and s12 palm beach
suits. In reply to Assistant United
States Attorney Given the witness tes-
tilted that the higher-priced suit had
facing. and was of the pinchback style,
while the $40 quality was plain. He ex-
planned that the material was appar-
emily the same.
The clerk who made the sale of the
palm beach suit, neckties. shirts. socks
and union suits to Constantin La Vigne,
the witness testified. in answer to
question OF Attorney Smith for the de-
Tense, had been employed at the shop
about two weeks.
Attorney Smith asked the witness If
he had anything further to state to
the jury in his behalf and he declared
his arrest on the charge had caused
him great deal of suffering.
Questioned by Judge Mullowny.
Judge Mullowny questioned the wit
ness. When asked by the court if it
would hurt his conscience ito sell
SUIT for sac eor SIP for which he had
paid $3.50. the witness said 1t would
not.
would you consider it an imposition
on the customer asked the court.
mo, sir" Mr.. Southwick replied.
A. s Marks. clerk at the shops. was
recalled to identify several shirts
which he testified were of the 50 end
32.69 value, being sold Tor s1.39. His
shirt purchased py Mr.. La Vigne for
that price and who testified it had been
represented to him as of the higher
value had gotten in the pile of shirts
by mistake.
With the consent of the defense, the
prosecution nolle pressed the charge
against Mr.. Southwick as an individual
ana also the one against the South
WICK Shops, Incorporated The case
went to the jury on the charge against
Mr. Southwick as the secretary and
treasurer and the company combined.
Henry c. Southwick in Own Behalf.
Henry C. Southwick took the stand in
his own behalf at the session late YES
terday afternoon and explained how he
had bought the store at 18th street and
New York avenue for the purpose of
establishing chain of furnishing and
haberdashery stores, but because of
competition from department stores re-
Gently decided to get out of business.
stock and lease.
The witness said he could sell his
stock. but was compelled TO get more
goods as he was unable to sell the
lease As to the low price of Palm
Beach suits, the witness said he pur-
chased large lot from salesman for
33.25 and $3.50 and valued them az $40
and $12, because they were equal in
grade to suits of that value.
AS to the ties sold for 20 cents, but
alleged by witness to have been ad-
vertised being OF so cents and IS
cents value, Mr.. Southwick testified he
purchased them for $3.50 dozen,
whereas they should cost s425 dozen.
He said he marked them of the higher
value because they were as good as the
ties costing s425 dozen. :
Salesman Testifies.
A. r. Marks. a salesman in the store.
was the first witness for the defense.
and was subjected to grilling cross
examination by Assistant United States
Attorney Ralph Given.
A. to the values placed on the goods.
the witness said they were based on
the cost. MY idea of value is to put
on the highest reasonable value" said
the witness. Mr.. Given questioned him
closely to signs displayed at the
store TO the effect that the stock was
to be disposed of and the lease was
for sale. The witness admitted that ad-
dftional stock had been purchased and
placed in the store during the progress
te