New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-18
lanes and Woodward
WA Waive Appeal and Es-
cape Imprisonment
WARNED TO ABANDON
LIKE BUSINESSES
c,se Precedent for Attack
mo All Misrepresented
Patent Medicines
.r, r,,.r.,h % tn, Tdsuas ?

Y Y. Feb. 11.-Wyle 3
and Herbert Z. Woodward, part
'. IN the patent medicine firm that
'e' .,,e,ured Ssrgol, product held by
n. NV IN the United States Court to
W s-,ud. we're sentenced by United
y Judre George W. Ray, in Federal
S S today, TO pay fines Of $4,000
~ w $4,000, respectively, on conviction
~ ,,v.rsl counts for using the mails
., fraudulent purposes
TIE case establishes a precedent
.;sh enables the government to at
,..E ali misrepresented patent medi-
anss. .,...
..'.a bv the defendants through their
.a,nsy, George B. Curtiss. that he
Ia not impose a sentence to Atlanta
'.;,sn.iary If the defendants waived
.,nsal from the verdict. Attorney
rurtiss said: III |.
10, 20 sentence either Of these men
.a!H-;son II would ruin them forever
~ ave men Of middle age, and this
~ has brought out many things IN
.,.tsr of how such business
LID be conducted which had never
s ss..sd their minds before. They are
-. bad men, and they did not intend
!" ssfrsud any one. The burden OF
=. sppeai in this case would be q
t.,vv one and would entail long and
expensive litigation.
Waiver of Appeal Signed
,Tbs defendants have each signed
- fIsd with the court q waiver OF
.,,.sl in case a fine is imposed, and
:. ,sk that your honor be mercitul
~ ;npose a fine only. We have de-
,os;.ed with the clerk of the court the
sam Of $4,000, and We earnestly APP
os,l 10 your honor 10 accept such as
abstraction in this case.
Judge Ray sequiesced, and SAID;
sThe meaning and intent OF tnese
r.tutes is now we'll settled. Selling
~ article through the mails is not an
ssence. but you 90 beyond that and
gar for sale an article Of which the
S,fendants knew or should have known
ne constituents, and that it did not do
that il represented to do, you have
asa established which clearly shows
,h,, there was a conspiracy suDstan-
ti,lIv as charged. that Sargol was sold
rndsr fraudulent claims, that its vlr'
,uss we're misrepresented, its promises
i,lss and that the defendants per-
listed in carrying on an unlawful IN,
agstry after the unlawful character OF
sargol was shown TO them.
I'm the opinion of the court the Jury
v,re justified in finding the verdict
vhish they did. The imposition OF a
sssvy fine with imprisonment would
" justified in this case we're 1t not 1or
he fact that the evidence also shows
nat one Of the United States postal m
IDsetors. not now in the service. was
.niormed OF the nature of this business
lonr before this action was started, and
nat he took no action.
Had a Good Reputation
These defendants have borne good
reputation, and the evidence is that
his is their first offence, although 1t IS
ore that was long continued. To be
sure the amounts they received were
mali, but they covered the entire coun-
gy
The evidence shows that there were
thousands who reaped no benefit from
he treatment, but who preferred TO
keep silent rather than 20 have the
ilet that they had lost their money
become known. The evidence shows
ihst Ssrgol could not and would not
% what they claimed for IL"
Tho following sentence was then pro