Arizona republican., 1919-06-20
GIVEN PRELIMINARY
 ON CHARGE IF DRUG
 LABEL COUNTERFEIT

The preliminary examination of E. L. Rurup charged with counterfeiting the latel Of the Arrow Chemical company of New York, was held before Justice De Scuza yesterday afternoon, and late in the day it was taken under ad- visement the court announcing that a decision would be given next Tuesday.
 The defendant was represented by J. c. Forest and R. E. L. Shepard and the state by Assistant County Attor leys Lewkowitz and Johnson. The warrant charging Rurup with counter feiti..g a registered label of the com pany, was issued at the request of E. H. P-atker, head of the Arrow Chemical company, followin gan investigation of the conpany'ss territory on the Pacific coast for the cause of falling off in the demand for a product of the com pany known as bitro- phosphate. Ii IS alleged that he discovered the source of supply of an imitation of that pro- duct put up in imitation packages marked with imitation labels.
 Mr Prather was the first witness. He said that he was the proprietor of the company. When he was asked If the label was copyrighted, an objection wae entered, and for the next half hour 1 there was struggle to get proof of is registration before the court. There was offered a certificate of registra- tion issued by the commissioner of patents. There was alos offered a certificate of assignment of the regis tration, which had been issued to Sa muel Mckee and assigned to the A row Chemical company.
 The defense insisted that these docu- .aents were not sufficient proof, but that certified copies of them should ue obtained. It was, however, the opinion of the court that the original docu- ments were sufficient. Then the wit ness identified a package made and sent out by his firm, of the product called bitro- phosphate. He also iden- tfied 9. package of the alleged spurious product and the spurious label. On cross examination it was brought out that the labels differed in that on the imitation label the word was "bicro phosphate" instead of "bitro-phos- phate," and that in the original an arrow was run through the words
 while in the imitation the arrow was missing.
 The next witness was Constable
 Jerry Sullivan, who identified va .ious
 seizures he had made on a search war
 rant at the place of business and the
 residence of the defendant. There was
 La lot of the labels and letters, teie-
 grams, shipping receipts and other
 documents growing out of the trade i-
 'Sicro- phosphate" One of these ship
 ring receipts showed that it had beer
 is aued by the express company tC
 Charles Lawson" Several such re-
 ceipts were later identified by a cleit
 of Wells Fargo & Co.
 There were several witness $ frnn
 tie Western Union. who had brougn1
 with them copies of telegrams tha
 had been sent relating to transaction:
 in phosphate" all but one O
 them to druggists without the state
 I've young ladies said that they knew
 tbe defendant and that sometimes tho
 telegrams he brought bore the sigma
 cure Of Lawson and sometimes the sig mature of Rurup. Objection was mad, to the admission of these telegrams n
 the ground that they related to intec
 state business and were therefore
 without the jurisdiction of the court The objection was overruled.
 In the course of the examination 0 .he Western Union clerks. attorney , z the ergot of the telegraph office. Tn telegrams presented were spoken of a , copies" It was then asked wher
 were the originals. Had they beel , forwarded to the persons to whom , they were addressed? The witnesse l could understand the question no nor 7 than the lawyers could grasp the tele , graph term "copy" or original copy. f While that was not made clear. occa s sion will now be taken to expzvin tha 5 r telegraph offices and newspaper of
 fices, all documents are copy Tn
 operator who receives a messag copies" it.
 The defense put on only one witnes! 2 drug clerK, by whom it was expecte . to prove that the word "bitro' was e general term and was not therefor l susceptible of being copyrighted an { more than was phosphate" which e haG been admitted could not be copy : lighted The court ruled, though, tha = if the commissioner of patents ha ', seen fit to acknowledge the registra . ton of the label. it was not for him = say that it could not be done.